I. Concept of the Crime of Loan Fraud According to Article 193 of the Criminal Law of People's Republic of China (PRC), the crime of loan fraud refers to the act of fabricating false reasons such as introducing funds and projects, using false economic contracts, false certification documents and false certificates of property rights as guarantees, repeatedly guaranteeing beyond the value of collateral or defrauding banks or other financial institutions of loans in a large amount by other means. The crime of loan fraud belongs to a kind of financial crime. Second, the concept of the crime of fraud According to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. Because this law specifically stipulates the crime of loan fraud in article 193. Third, the difference between the crime of loan fraud and the crime of fraud 1, the criminal object is different. The object of the crime of loan fraud only refers to loans from banks and other financial institutions, and the victim is banks or other financial institutions; The object of the crime of fraud includes both money and property. The object not only refers to banks or other financial institutions, but also is much wider than the crime of loan fraud. 2. Different fields. The crime of loan fraud occurs in the process of loan in the financial field; The scope of the crime of fraud is extremely broad, which can involve any field, including the financial field. 3. The objects of infringement are different. The crime of loan fraud not only violates the ownership of state and public loans, but also violates the state's management system of financial credit, which belongs to a complex object; The object of fraud is the ownership of public and private property. 4. The manifestations of objective behaviors are not exactly the same. Although the essential feature of his behavior is to fabricate facts or conceal the truth, the method used in the crime of loan fraud is centered on defrauding loans, and the specific methods used are related to the documents and certificates needed for loans, such as fictional introduction of funds and projects; The use of false economic contracts and so on is such a situation; Fraud acts are more diversified, and sometimes the purpose of defrauding other people's property can be achieved only by its golden tongue. 5. The starting point of crime is different. This crime is identified as the starting point of the crime. According to Article 50 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II), the starting point for prosecution is 20,000 yuan; The starting point of the crime of fraud is generally around 3000 yuan.

legal ground

Criminal law of the people's Republic of China

Article 193 Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession under any of the following circumstances, if the amount is relatively large, 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

Fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

Using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.