Changing the use of loans is not for the purpose of illegal possession, nor is it a loan.
The crime of loan refers to granting loans to banks for the purpose of illegal possession. And if there is no meaning of illegal possession, that is to say, after the loan is returned, it is also returned, but the purpose of the loan is not in line with the actual situation and does not constitute a loan crime.
Article 266 of the Criminal Law stipulates that public or private property with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Extended data:
The methods used by the actor in lending mainly include the following forms:
1, fabricating false reasons such as introducing funds and projects to defraud banks or other financial institutions for loans. This situation has occurred frequently in recent years. In Shanghai alone, there are dozens of false investments a year. Criminals usually forge huge sums of money from foreign consortia or "patriotic Chinese in the United States" and deposit them in banks on preferential terms to defraud bank loans and fees. In addition, many criminals fabricated investment projects with good returns and defrauded banks and other financial institutions for loans.
2, the use of false economic contracts from banks or other financial institutions loans. In order to support production, encourage exports and increase the value of limited funds, banks or other financial institutions sometimes issue loans under economic contracts. Some criminals forge or use false export contracts or other economic contracts with good short-term output rate, or loans from banks or other financial institutions. For example, the criminal Zhang forged a company's export supply contract, applied for a loan of several million yuan from a bank in Shanghai with a false contract, and absconded with the money.