The "large amount" of the crime of high-interest lending means that the illegal income of individuals is more than 50 thousand yuan and that of units is more than 200 thousand yuan; "Huge amount" means that the individual's illegal income is more than 200,000 yuan, and the unit's illegal income is more than/kloc-0.0 million yuan. The crime of usury can be identified by the following elements: the direct object of this crime is the state's issuance of credit funds and interest rate management order. This crime is objectively manifested as the act of usuring a large amount of credit funds from financial institutions to others for the purpose of lending. The subject of this crime is a special subject, namely the borrower. The subjective aspect is intentional.
The provisions of the relevant laws of the state clearly stipulate the criteria for determining the illegal income of high-interest loans. Under normal circumstances, the identification of illegal income from high-interest lending crimes is generally as follows: First, the amount of illegal income from high-interest lending is more than100000 yuan; Second, although it did not reach the amount standard of100000 yuan or more, it was punished twice or more for high-interest lending within two years, and then new high-interest lending behavior was implemented. High-interest lending is widespread in some areas of our country, which has seriously damaged our financial order and done great harm. Anyone who borrows credit funds from financial institutions for the purpose of lending and lends them to others at a high interest rate shall be prosecuted if he is suspected of one of the following circumstances: an individual lends at a high interest rate and the illegal income is more than 50,000 yuan; The unit lends money at high interest rate, and the amount of illegal income is more than 100,000 yuan; Although it does not meet the above amount standard, it has been subject to administrative punishment for lending at high interest rate for more than two times, and has already lent at high interest rate. The relevant laws do not clearly stipulate the interest actually earned or the bank interest to be deducted. According to an article in a procuratorial daily newspaper in Shanghai, the "large amount of illegal income" required for this crime actually refers to the difference between the remuneration from high-interest loans and the loan interest payable to financial institutions.
Legal basis:
Criminal law of the people's Republic of China
Article 175 Whoever borrows credit funds from financial institutions for the purpose of lending and lends them to others at a high interest rate, and the illegal income is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.