Legal basis:
Article 186 of the Criminal Law of People's Republic of China (PRC) stipulates that employees of banks or other financial institutions issue loans in violation of state regulations; If the amount is huge or heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
Second, what is the standard of sentencing judgment?
1. Based on the number of cases closed for three consecutive years, the same plaintiff or related plaintiff involved in more than 20 cases of private lending in the same basic court civil litigation (including pre-litigation mediation, the same below), or involved in more than 30 cases of private lending in the same intermediate court and the basic courts under its jurisdiction;
2. The same plaintiff or related plaintiff has more than one private lending case 10 in the same grass-roots court, or more than five private lending cases10 in the same intermediate court and grass-roots court in the jurisdiction;
Legal basis:
Article 53 of the Minutes of the National Court's Civil and Commercial Trial Work Conference: "If a legal person engages in private lending, an unincorporated organization or natural person engages in private lending, it shall be deemed invalid according to law.
If the same lender engages in paid private lending for many times within a certain period of time, it can generally be recognized as a professional lender. The higher people's court or its authorized intermediate people's court in the place where private lending is active may formulate specific identification standards according to the actual situation in the region.