It belongs to the crime of defrauding loans, which refers to the act of obtaining loans from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances.
Meeting the following conditions will constitute fraud:
The object of this crime is the ownership of public and private property. Objectively, it is manifested in the use of fraud to defraud a large number of public and private property. The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.
What is the sentencing standard for fraud?
If the amount of fraud is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
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 or confiscated.
Legal basis:
Criminal law of the people's Republic of China
Article 192
Whoever defrauds illegal fund-raising for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount of punishment is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
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.