contract
Second, what punishment will be imposed for defrauding loans with fake purchase and sale contracts?
Using false purchase and sale contracts to defraud loans is suspected of loan crimes. The crime of loan (article 193 of the Criminal Law) refers to the act of fabricating false reasons such as introducing funds and projects, using false economic contracts, false certificates, using false certificates of property rights as guarantees, repeatedly guaranteeing beyond the value of collateral, or lending a large amount to banks or other financial institutions in other ways. Loan crime is a kind of financial crime.
3. What is the legal responsibility for helping a friend forge a house sale and then defrauding a bank loan?
This belongs to the crime of loan, which refers to the act of fabricating false reasons such as introducing funds and projects for the purpose of illegal possession, using false economic contracts, false certificates, using false property certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or guaranteeing in other ways. Article 193 of the Criminal Law stipulates that Article 193 provides loans to banks or other financial institutions for the purpose of illegal possession. 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: (1) 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.
Fourth, what is the crime of defrauding loans with fake contracts and how to punish it?
What is the crime of defrauding a loan with a fake contract? It depends on the subjective purpose of the company when using fake contracts to defraud huge loans. Different subjective purposes may constitute different crimes. First, there is no other subjective purpose, which may constitute the crime of defrauding loans. The possibility of innocence does not mean that as long as the loan is defrauded, it will definitely constitute the crime of defrauding the loan. If a company uses a false supply contract to defraud a loan, but at the same time submits a full mortgage guarantee, it will generally not be determined that it has caused great losses to banks or other financial institutions, nor does it constitute the crime of defrauding a loan. Second, if it has the purpose of illegal possession, it may constitute a loan crime. May not be guilty, because the most important thing in the crime of loan is to see whether the actor has the purpose of illegal possession. So the subjective level is a good starting point. Not everything that cannot be returned is considered illegal possession. This is the difference between a loan and a loan. Whether the actor has the purpose of illegal possession depends on whether the actor has fraudulent means and the behavior after obtaining the loan. If the actor squanders, withdraws funds or absconds with money after obtaining the loan, it can be considered that the actor has the purpose of illegal possession. Third, if you lend for profit, it may constitute the crime of usury. In the case of possible innocence, similarly, the crime of high-interest lending mainly depends on whether the actor has the purpose of lending for profit. Lending for profit can also be said to be an act of changing the use of loans. When an actor obtains credit funds from a financial institution, he must have a profit-making lending behavior. If lending has no profit-making purpose and no deception, lending the loan to others after obtaining the loan is just an act of simply changing the purpose of the loan, and it is impossible to establish any crime. 4. How to punish the crime of defrauding loans: less than three years, more than three years and less than seven years respectively. Crime of usury: less than three years, more than three years and less than seven years respectively. Crime of loan: less than five years, more than five years but less than ten years, or more than ten years.