According to the spirit of the Minutes of the National Symposium on the Trial of Financial Crimes, which was formed by the Supreme People's Court in Changsha City, Hunan Province from September 20 to 22, 2000, in judicial practice, the actor illegally obtained funds by fraudulent means, resulting in a large amount of funds that could not be returned. In any of the following circumstances, it can be considered as having the purpose of illegal possession:
(1) defrauding a large amount of funds knowing that he has no repayment ability;
(2) Escaping after illegally obtaining funds;
(3) defrauding funds at will;
(four) the use of fraudulent funds for illegal and criminal activities;
(five) to escape, transfer funds or hide property to escape the return of funds;
(6) Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds;
(7) Other acts of illegal possession of funds and refusal to return them. However, when dealing with specific cases, if there is evidence that the perpetrator does not have the purpose of illegal possession, it cannot be punished as financial fraud just because the property cannot be returned.
According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, if the amount of personal loan fraud is more than 654.38 million yuan, it is a "large amount"; If the amount of personal loan fraud is more than 50 thousand yuan, it belongs to "huge amount"; If the amount of personal loan fraud is more than 200,000 yuan, it is a "particularly huge amount".
However, the above-mentioned provision of "large amount" has been changed by Article 50 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security last year. Article 50 of the Prosecution Standard clearly stipulates that anyone who defrauds a bank or other financial institution of loans for the purpose of illegal possession with an amount of more than 20,000 yuan shall file a case for prosecution. Therefore, in China's current judicial practice, the standard of "large amount" of loan fraud crime should be 20,000 yuan, while the standards of "huge amount" and "extremely huge amount" have been implemented in accordance with Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, that is, individuals who commit loan fraud with an amount of more than 50,000 yuan are considered as "huge amount" and individuals who commit loan fraud with an amount of more than 200,000 yuan.