Legal basis: Notice III issued by the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice. In practice, the common criminal methods and steps of "routine loan" include but are not limited to the following situations:
(1) Create the illusion of private lending. Criminal suspects and defendants often publicize in the name of small loan companies, investment companies, consulting companies, guarantee companies, peer-to-peer lending platforms, etc., to attract victims to borrow money with low interest, unsecured, unsecured, fast loans, etc., and then induce victims to sign loan agreements or related agreements with false reasons such as "margin" and "articles of association" based on misconceptions. Some criminal suspects and defendants will also force the other party to sign a "loan" agreement or related agreement with an inflated amount on the grounds that the victim defaulted on the previous loan.
(2) False payment facts such as manufacturing capital flow. The criminal suspect and defendant transferred funds to the victim's account according to the inflated amount of the "loan" agreement, creating traces of all the loans that have been delivered to the victim, and then recovering all or part of the funds through various means, but the victim did not actually obtain or fully obtain the "loan" agreement and the money shown in the bank flow.
(3) Deliberately creating a breach of contract or arbitrarily identifying a breach of contract. Criminal suspects and defendants often deliberately cause the victim to default by setting default traps and creating repayment obstacles, or force the victim to repay false debts by arbitrarily identifying default.
(4) maliciously increase the loan amount. When the victim is unable to repay, some criminal suspects and defendants will arrange their affiliated companies or designate affiliated companies and affiliated personnel to repay the loan for the victim, and then sign inflated loan agreements or related agreements with the victim, so as to accumulate "debts" through this way of "transferring single accounts to even accounts" and "repaying loans with loans".
(5) Apply both hard and soft to "demand debts". When the victim fails to repay the inflated "loan", the criminal suspect and defendant demand "debt" from the victim or the victim's specific relationship through litigation, arbitration, notarization or violence or threat.