Loan fraud refers to the behavior that the borrower uses false fraudulent means to defraud the loan when obtaining the loan, or uses the money and materials of the loan to engage in illegal activities in order to achieve illegal profits. Loan fraud not only harms the interests of banks or loan companies, but also infringes on the rights and interests of other borrowers. This is a serious financial crime. According to the provisions of China's criminal law, loan fraud involving a large amount may constitute fraud. The criteria for filing loan fraud cases mainly include the following aspects: 1. Whether it constitutes fraud. According to the provisions of China's criminal law, the crime of fraud refers to the act of using deception for the purpose of illegal possession to make the victim believe in false facts, thus infringing on the legitimate rights and interests of others. Therefore, the crime of loan fraud must meet the constitutive requirements of fraud in criminal law. 2. The amount involved. The amount involved in loan fraud is generally large, and whether to file a case also needs to consider the size of the case. 3. Whether it is a criminal case. Loan fraud cases involve the financial field, which is different from ordinary civil cases, so whether it is a criminal case is also one of the important factors for filing a case.
If I provide false materials when applying for a loan, but the loan is not successful, is this a loan fraud? If the loan applicant intends to submit false information to defraud the loan, but ultimately fails to realize the loan, it does not have the elements that constitute the crime of loan fraud, nor can it be considered as the crime of fraud. However, if the bank or loan company causes losses due to this application, it is still possible to pursue the civil liability of the applicant.
The legal issues involved in loan fraud are complicated, and it needs specific analysis to determine whether it constitutes a criminal act. If fraud and other illegal acts are involved, they should immediately report the case to the public security organ and deal with it from the legal, ethical and moral perspectives.
Legal basis:
Article 265 of the Criminal Law of People's Republic of China (PRC) adopts false fraudulent means for the purpose of illegal possession, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention 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 five years and shall also be fined or confiscated.