1, a series of crimes bred by loans from financial institutions are on the rise. In practice, after the loan officers of some financial institutions colluded with borrowers maliciously, they handed over the funds of financial institutions to borrowers in the form of loans, which caused huge losses. There are similarities between illegally issuing loans and misappropriating funds from financial institutions. Although both of them constitute crimes, there are great differences in sentencing between the two crimes. The author believes that this kind of malicious collusion in illegally issuing loans should be characterized as the crime of misappropriating funds.
2. From the subjective and intentional point of view, the perpetrator who maliciously colluded with illegal loans knowingly and intentionally violated the ownership of funds of state financial institutions. Specifically, first, knowing that one's actions violate laws and regulations, he deliberately planned with the borrower in advance, which was premeditated between the user and the embezzler. Second, knowing that the loan subject does not meet the loan conditions, it is impossible to obtain a loan through examination and approval under normal circumstances, but evading the corresponding regulations and deliberately doing it. Third, knowing that the borrower's loan information does not meet the requirements, but deliberately not investigating, making the approval process a mere formality and becoming a cover for the loan personnel to misappropriate funds. Loans are the normal business of banks, and the funds used by credit personnel for loan approval are loan funds obtained through normal approval procedures. Before going through the formalities of examination and approval, the loan officer knew that the borrower did not meet the loan conditions, but took advantage of his position to declare false loan application materials and took advantage of his position to misappropriate the credit funds of his unit to the borrower. Fourth, the malicious collusion of illegal loans is more manifested in seeking illegal interests. In handling such cases, bribery and bribery basically go hand in hand, and this kind of internal and external collusion crime is very harmful to financial institutions.
3. From the perspective of the object of infringement, the object of illegal lending is different from malicious collusion in illegal lending. The crime of illegally issuing loans violates the state's financial management order, mainly in violation of relevant laws and regulations and beyond legal authority and legal procedures, but it is still a loan behavior in essence and belongs to the bank's duty behavior of using funds. Malicious collusion in illegal lending is manifested in the fact that the staff of financial institutions take advantage of their positions to allow materials that do not meet the loan conditions to pass the examination and approval, so as to obtain loans smoothly, so that those who are not qualified to use the funds of financial institutions can use the funds smoothly, and the loan examination and approval procedures of financial institutions become a dead letter. This kind of behavior violates the right to use funds of financial institutions, not the financial management order of the country.