The subject of the crime of loan fraud can only be the general subject, that is, any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it, and the unit cannot be the subject of this crime. Therefore, the legal representative is not responsible for the crime of loan fraud of others. If the staff of banks or other financial institutions collude with criminals who defraud loans and provide help to them, they should be punished as loan fraud.

Article 193 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who 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.