1. How to sentence the crime of bank loan fraud? This is a qualitative problem about special subject crime. Although the criminal subject of the crime of loan fraud is a general subject, if the staff of a bank or other financial institution take advantage of their position to defraud loans by using other people's names or fictitious pseudonyms, they cannot be convicted and punished for the crime of loan fraud. In practice, fake loans mainly include "top name loans", "fake name loans", "fake name loans" and "fake name loans". If the staff of a bank or other financial institution obtains a loan by the above-mentioned fraudulent means and illegally occupies or uses the loan for other purposes, they shall be convicted and punished according to the provisions of the Criminal Law on the crimes of corruption, duty embezzlement or embezzlement of public funds and misappropriation of funds.
second, what is the boundary between loan fraud and private lending? 1. If the result of overdue repayment has occurred, it depends on whether the fact that the actor is seriously unable to perform the contract has already existed when applying for a loan, and whether the actor is clear about it. If the reason for the failure to perform the contract is formed after obtaining the loan, or the actor is not fully aware of the failure to perform the contract at all, even if it is not repaid at maturity, it should not be considered as loan fraud, but should be handled as a loan dispute. 2. It depends on whether the actor actively uses the loan for the purposes stipulated in the loan contract after obtaining the loan. Although the actor can't repay after the maturity, if the loan is really used for the specified project, it generally means that the actor has no intention to defraud the loan subjectively and should not be punished as fraud. 3. It depends on whether the actor actively tries to repay the loan after it expires. If the actor only verbally admits the arrears, but actually does not actively raise funds to prepare for the return, it cannot be proved that the actor has no intention of fraud. If you don't default, you don't necessarily have the intention to cheat. 4. Considering these factors together, we can draw a correct conclusion. Because the fundamental difference between loan fraud crime and general loan civil disputes lies in whether the actor subjectively defrauds others' property, and this purpose is bound to be manifested through certain behaviors. The more and more comprehensive behaviors that can explain a certain subjective psychological state, the more obvious the boundary between crime and non-crime.
3. What is the sentencing standard for the crime of bank loan fraud? 1. Whoever commits the crime of loan fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan. 2. Whoever commits the crime of loan fraud and the amount is huge or there are other serious circumstances 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 5, yuan but not more than 5, yuan. The so-called serious circumstances refer to the huge amount or other serious circumstances. Among them, the amount is huge, according to the provisions of the relevant judicial interpretation, it refers to the loan fraud amount of more than 1 thousand yuan. Other serious circumstances refer to one of the following circumstances: (1) paying bribes to the staff of banks or financial institutions for the purpose of defrauding loans, with a large amount; (2) squandering loans, or using loans for illegal activities, resulting in loans that cannot be repaid at maturity; (3) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period; (4) Providing false guarantee to apply for a loan and refusing to repay it after the loan term expires; (5) applying for a loan in the name of another person and refusing to repay it after the loan period expires. 3. Whoever commits the crime of loan fraud, if the amount is especially huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall be fined not less than 5, yuan but not more than 5, yuan or confiscated of property. The so-called circumstances are particularly serious, which means that the amount of fraudulent loans is particularly huge or there are other particularly serious circumstances. The amount is particularly huge, which means that the amount of loan fraud is more than 2 thousand yuan. If the circumstances are particularly serious, it refers to 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) fleeing with a loan; (3) using loans for criminal activities. The related content of how to sentence the crime of bank fraud for you. In any case, fraud is a violation of national laws and regulations. If bank personnel use their position to cheat, it will damage people's trust in banking services. It is fundamental to abide by your professional ethics and be down-to-earth