1. Obtain loans, bill acceptance, letters of credit, guarantees, etc. By fraudulent means, the amount is more than one million yuan;
2. Obtain loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, causing direct economic losses of more than 200,000 yuan to banks or other financial institutions;
3. Obtain loans, bill acceptance, letters of credit, letters of guarantee, etc. Repeated fraud, although it did not meet the above-mentioned amount standard.
First, the filing standard of personal loan fraud is:
1. defrauding loans with an amount of more than one million yuan;
2. Cheating loans, 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;
Two, according to the filing standard of the crime of defrauding loans, one of the following circumstances shall be prosecuted:
1, and the amount of fraud 1 ten thousand yuan or more;
2, causing direct economic losses to financial institutions in the amount of more than 200 thousand yuan;
3, although not up to the above amount standard, but repeatedly committed this crime;
4. Other circumstances that cause heavy losses to financial institutions or have other serious circumstances.
Three, in accordance with the provisions of any of the following circumstances, loan fraud should be identified as loan fraud:
1. fabricate false reasons such as introducing funds and projects;
2. Using false economic contracts;
3. Using false documents;
4. Using false proof of property rights as a guarantee or repeatedly guaranteeing beyond the value of collateral;
5. defrauding loans by other means. Therefore, with reference to the provisions of the above-mentioned deception, one of the above five situations shall be deemed to have taken deception. It can be seen from the deceptive means stipulated in the above provisions that providing false mortgage is only one of the deceptive means, and it should be recognized in judicial practice in combination with the deceptive means adopted by the actor and the above provisions. If you think that as long as you provide real mortgage, you can't identify fraud in criminal law, just civil fraud, which obviously doesn't conform to the law, is taken out of context and covers up the surface.
Legal basis:
Criminal law of the people's Republic of China
Article/kloc-1 of 0/75
Whoever defrauds a bank or other financial institution of loans, bill acceptance and financial bills by fraudulent means, thus causing heavy losses to the bank or other financial institution or having other serious circumstances, 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 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.