The conviction of defrauding loans needs to be decided according to the specific circumstances: 1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; 2. Whoever causes particularly heavy losses or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; 3. If a unit commits this crime, it shall be fined.

First, how to defraud the loan?

1. The conviction of defrauding loans shall be decided according to the specific circumstances:

(1) Generally, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, with or without a fine;

(2) Whoever causes particularly heavy losses or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined;

(3) If a unit commits this crime, it shall be fined.

1. Legal basis: Article 193 of the Criminal Law of People's Republic of China (PRC).

One of the following circumstances constitutes a loan crime. Whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession 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, 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) Loans in other ways.

Second, what is the standard for filing the crime of fraudulent loans?

The standard for filing the crime of defrauding loans is:

1. defrauding loans of more than one million yuan;

2. Obtaining loans by fraudulent means, causing direct economic losses of more than 200,000 yuan to banks or other financial institutions;

3. Although it has not reached the above amount standard, it has repeatedly defrauded loans;

4. Others cause heavy losses to banks or other financial institutions or have other serious circumstances.

The filing standard of the crime of defrauding loans

Where an actor defrauds a bank or other financial institution of loans by deception, thus causing heavy losses to the bank or other financial institution, it constitutes the crime of defrauding loans, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined. Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious criminal circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above measures.

Article 175th of the Criminal Law of People's Republic of China (PRC) obtains loans, bill acceptance, letters of credit, guarantees, etc. Whoever defrauds a bank or other financial institution of funds and causes heavy losses to the bank or other financial institution shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.

What is the standard for determining the crime of loan?

The conditions for the establishment of loan crime can be analyzed from the following aspects:

1. Subjectively, the actor must have the purpose of "illegal possession", that is, illegally occupying loans from banks or other financial institutions as his own purpose.

2. The actor must obtain loans from banks or other financial institutions.

3. Only when the loan reaches a large amount can it constitute a crime, which is an important boundary between crime and non-crime.

legal ground

According to the provisions of Article 193 of the Criminal Law of People's Republic of China (PRC), the crime of loan refers to the act of making up false reasons such as introducing funds and projects, using false economic contracts, false certification documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or using other methods to issue loans in large quantities to banks or other financial institutions. Loan crime is a kind of financial crime.

How to identify the crime of loan

First, how to determine the crime of loan 1? Object Elements The object of this crime is a dual object, which not only infringes on the loan ownership of banks or other financial institutions, but also violates the national financial management system. 2, objective elements This crime is objectively manifested in the use of fictional facts, concealing the truth, and borrowing a large amount from banks or other financial institutions. First of all, this crime is manifested in the behavior of the actor fabricating facts, concealing the truth and defrauding banks or other financial institutions. The so-called fictional facts refer to fabricating facts that do not exist objectively to defraud the trust of banks or other financial institutions; The so-called concealment of the truth refers to the deliberate concealment of some objective facts, which makes banks or other financial institutions have the illusion. According to the provisions of this article, the methods used by the actor to issue loans mainly take the following forms: (1) fabricating false reasons such as introducing funds and projects to defraud banks or other financial institutions of loans. (2) borrowing money from banks or other financial institutions by using false economic contracts. (three) using false documents to borrow money from banks or other financial institutions. (4) fraudulently obtaining loans from banks or other financial institutions by using false property rights certificates as collateral or repeatedly guaranteeing beyond the value of collateral. (5) Where banks or other financial institutions issue loans by other means, "other means" means forging the official seal of the unit or sealing it to defraud loans; Using counterfeit money as collateral to defraud loans; Borrow first and then use fraudulent means to refuse to repay the loan. 3. Subject Elements The subject of this crime is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can be constituted, and the unit cannot be the subject of this crime. 4. Subjective elements This crime is subjectively constituted by intention, with the purpose of illegal possession. Second, how to judge the loan 1 crime? Ordinary natural persons who commit this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. 2. Serious circumstances The so-called serious circumstances refer to a huge amount or other serious circumstances. Among them, the amount is huge. According to the relevant judicial interpretation, it means that the loan amount exceeds 6,543,800 yuan. Other serious circumstances refer to one of the following circumstances: (1) paying a large amount of bribes to the staff of a bank or financial institution in order to defraud loans; (two) squandering loans, or using loans for illegal activities, resulting in loans that cannot be repaid when they expire; (three) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period; (four) to apply for a loan by providing false guarantee, and refuse to repay it after the expiration of the loan period; (five) to apply for a loan in the name of others, and refuse to repay the loan after the expiration of the loan period. 3. The circumstances are particularly serious. The so-called circumstances are particularly serious, which means that the loan amount is particularly huge or there are other particularly serious circumstances. The amount is particularly huge, which means that the loan amount is more than 200,000 yuan. If the circumstances are particularly serious, it means one of the following circumstances: (1) bribing the staff of a bank or financial institution for the purpose of defrauding loans, and the amount is huge; (2) absconding with money; (three) the use of loans for criminal activities.

This concludes the introduction of the determination of the crime of defrauding loans and the basis for the determination of the crime of defrauding loans. I wonder if you have found the information you need?