The criminal elements of the crime of fraudulently obtaining loans are as follows:
1. The subject is a general subject;
2. The subjective aspect is intentional;
3. The two objects of the infringement are the national financial management order and the national financial credit fund management system;
4. Objectively, the perpetrator violated the relevant provisions of national laws and administrative regulations to fabricate Acts of defrauding banks or other financial institutions of loans by concealing the truth, causing heavy losses to banks or other financial institutions, or defrauding serious loans.
Legal basis: "Criminal Law of the People's Republic of China"
Article 175
Extortion for the purpose of re-lending for profit If the credit funds of a financial institution are re-lent to others at high interest rates and the amount of illegal gains is relatively large, he 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 of 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 be fined not less than one time but not more than five times the illegal income.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.