If the loan owed to the bank cannot be repaid, the nature of the case should be determined according to the specific circumstances. Whoever, for the purpose of illegal possession, fabricates false reasons and uses false economic contracts to defraud banks or other financial institutions of the alleged crime of loan fraud with a loan amount of more than 20,000 yuan shall be investigated for criminal responsibility according to law. If it is because of poor management or changes in market conditions that the profit plan cannot be realized and the repayment cannot be made on schedule, it is a private lending dispute and only bears the civil repayment responsibility.

Criminal law punishment provisions:

1. Article 193 of the Criminal Law 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 shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.

2. Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases stipulates that personal loan fraud of more than 20,000 yuan is a "large amount"; If the amount of personal loan fraud is more than 50 thousand yuan, it belongs to "huge amount"; Personal loan fraud, the amount of more than 200 thousand yuan, belongs to the "extremely huge amount."