Legal analysis
After obtaining a loan, it does not constitute a crime to change the purpose of the loan but use it within the legal scope; It is illegal to use the loan for illegal purposes after obtaining it. On the one hand, the actor obtained the loan through legal means, and objectively did not fabricate facts or conceal the truth to defraud the loan. Even if the purpose of illegal possession occurs afterwards, it cannot be attributed to the previous act, and the perpetrator does not constitute the crime of loan fraud; On the other hand, in actual cases, many enterprises and parties did apply for loans for the operation of a certain business, but due to changes in the actual situation, the project could not continue, or for other objective reasons, they had to change the purpose of the loans. At this time, the parties still use the loan for the normal business activities of the enterprise, which cannot prove the subjective illegal possession purpose of the actor. Second, after using false economic contracts, false documents and other means to defraud loans, changing the purpose of loans does not necessarily constitute loans. To constitute the crime of loan fraud, first of all, the actor is required to objectively implement the deception of fictional facts and concealing the truth; On this basis, discuss whether the actor subjectively has the purpose of illegal possession. Changing the purpose of borrowing may be the subjective factor of illegal possession by the case-handling organ, but it cannot be concluded that the purpose of illegal possession is inevitable.
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.