If the actor subjectively has the purpose of illegally occupying loans from banks or other financial institutions, it constitutes the crime of loan fraud. If the actor used deception in the process of applying for a loan from a bank or other financial institution in order to solve the financial difficulties, but later repaid the loan or was willing to repay it, it would constitute the crime of defrauding the loan. One article is added after Article 175 of the Criminal Law as one of Article 175: "Whoever obtains loans, bills, letters of credit, guarantees, etc. by deception, thus causing heavy losses to banks or other financial institutions or other serious circumstances, 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 fined. " Second, the crime of loan fraud, Article 193 of the Criminal Law refers to the act of fabricating false reasons such as introducing funds and projects for the purpose of illegal possession, using false economic contracts, using false documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans or large amounts by other means. Subjectively, this crime requires illegal possession, and objectively, it is an act of defrauding financial institutions of a large amount of loans by deception. The subject is only a natural person, and the unit cannot constitute this crime. The object of infringement is the management order and property ownership of financial institutions. In terms of sentencing, loan fraud is more than 6,543,800 yuan, which is a "large amount" and is sentenced to fixed-term imprisonment of not more than five years; Loan fraud of more than 50,000 yuan is a "huge amount" and is sentenced to five to ten years in prison; Loan fraud of more than 200,000 yuan is "extremely huge", ranging from 10 years to life imprisonment.

Legal objectivity:

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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. Where there are other provisions in this Law, such provisions shall prevail. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud Article 1 Whoever cheats public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 yuan and 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.