The penalties for loan fraud are as follows:
1, if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined;
2. If the amount is relatively large or especially 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;
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Elements of loan fraud:
1. Object elements: The object of the crime of loan fraud is a dual object, which infringes on the ownership of loans by banks or other financial institutions and the national financial management system. Loan refers to the monetary funds provided by banks or other financial institutions as lenders to borrowers and repaid the principal and interest at the agreed interest rate and time limit;
2. Objective elements: the crime of loan fraud is objectively manifested as the act of defrauding banks or other financial institutions of loans by means of fictional facts and concealing the truth, with a large amount;
3. Subject elements: the subject of the crime of loan fraud is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility, and the unit cannot be the subject of this crime;
4. Subjective elements: the crime of loan fraud is subjectively constituted by intention, with the purpose of illegal possession. Whether the actor's motive for illegally possessing the loan is to squander enjoyment or transfer concealment does not affect the constitution of this crime.
Criteria for filing the crime of loan fraud;
1, if the amount is relatively large, it 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;
2. If the amount is huge or there are serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan;
3. If the amount is especially huge or if the circumstances are especially serious, 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 confiscated property.
To sum up, the amount standard of the crime of loan fraud is that if the amount of fraud is more than 6.5438+0 million yuan, it should be considered as a large amount, and it should be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount of fraud is more than 50,000 yuan, it shall be deemed as a huge amount.
Legal basis:
Article 193rd of the Criminal Law of People's Republic of China (PRC)
The crime of loan fraud is under any of the following circumstances. Whoever defrauds banks or other financial institutions 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 especially 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 confiscated property:
(a) 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.