The existence of fraudulent use of other people's identity cards for loans will constitute the crime of defrauding loans and should be investigated for criminal responsibility. Citizens' personal information and identity card information are protected by law, and shall not be stolen or fraudulently used without their permission, otherwise they shall bear the tort liability of stopping the infringement, eliminating the influence and compensating for the losses.
The constitutive elements of the crime of infringing citizens' personal information are as follows:
1, the criminal subject is the general subject;
2. Subjective aspect consists of intention;
3. The object of crime is the security of citizens' personal identity information and the order of citizenship management;
Objectively speaking, it is a serious behavior to collect citizens' personal information by stealing or buying.
The crime of loan fraud shall be punished according to the following provisions:
1. Whoever commits this crime 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;
2. 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;
3. 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 of property.
Legal basis:
Article 17 of the Law of the People's Republic of China on Resident Identity Cards commits one of the following acts, and the public security organ shall impose a fine of more than 200 yuan and less than 1,000 yuan, or detain it for less than 10 days. If there are illegal gains, the illegal gains shall be confiscated.
(1) using another person's identity card or using a false identity card.
(2) buying, selling or using forged or altered identity cards.
Article 175-1 Obtaining loans, bill acceptance, letters of credit, guarantees, etc. Whoever defrauds a bank or other financial institution of funds, thus causing heavy losses to the bank or other financial institution or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.