Legal analysis
According to the provisions of relevant judicial interpretations, swindling loans from banks or other financial institutions for the purpose of illegal possession means that the amount of loan fraud is more than 6,543,800 yuan. Other serious circumstances refer to one of the following circumstances: (1) paying a large amount of bribes to the staff of a bank or financial institution in order to defraud loans; (two) squandering loans, or using loans for illegal activities, resulting in loans that cannot be repaid when they expire; (three) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period; (four) to apply for a loan by providing false guarantee, and refuse to repay it after the expiration of the loan period; (five) to apply for a loan in the name of others, and refuse to repay the loan after the expiration of the loan period. The so-called circumstances are particularly serious, which means that the amount of fraudulent loans is particularly huge or there are other particularly serious circumstances. According to the explanation, the former means that the amount is extremely huge, that is, the amount of loan fraud is more than 200,000 yuan. The latter is other particularly serious circumstances, which refers to one of the following circumstances: (1) paying bribes to the staff of banks or financial institutions for the purpose of defrauding loans, and the amount is huge; (2) absconding with loans: (3) using loans for criminal activities.
legal ground
Article 193rd of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 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 but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) obtaining loans by other means.