1, different definitions
The crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, which causes heavy losses to banks or other financial institutions or has other serious circumstances.
The crime of loan fraud refers to the act of defrauding banks or other financial institutions for the purpose of illegal possession, with a large amount or other serious circumstances.
2, the purpose and purpose of fraudulent loans.
If the fraudulent loan is used for production and operation, but in fact all or most of the funds are actually used for production and operation, it shall be convicted of the crime of fraudulent loan; If the fraudulent loan is used by individuals to squander or repay personal debts, the crime of loan fraud shall be recognized.
3, the unit's economic ability and operating conditions
If the unit has normal business, strong economic ability and repayment ability when defrauding loans, it should be convicted of defrauding loans; If the unit itself is a shell company, or it is insolvent and has no normal and stable business, it should be convicted of loan fraud.
4. The consequences of loan fraud.
If all or most of the defrauded loans have been returned, they should be convicted of defrauding loans. If it is not actually returned, we should further investigate the reasons for not returning it. All or most of the funds are put into production and operation, but they cannot be returned because of business failure, and should be convicted of defrauding loans; If it is not because of business failure, but because of personal profligacy, it should be convicted of loan fraud.
5, the ability to return after the incident.
If the perpetrator has the ability to repay after the incident and actively raises funds to repay all or most of the loans, he should be convicted of defrauding loans; If the perpetrator does not have the repayment ability after the crime, and all or most of the loans are not actually returned, it should be identified as loan fraud.