The skills you need to pay attention to when reporting a case are as follows:
1. Provide corresponding valid evidence.
2. Providing the other party's informal financial institution, and not having relevant loan qualification.
3. Report the case with as many victims as possible.
The evidence needed for loan fraud includes: WeChat, QQ chat records, communication records, IOUs, proof of the borrower's economic situation and other evidence that can prove the existence of the legal relationship between loans and loans.
The crime of loan fraud refers to the fraudulent way that the actor defrauds public and private property by borrowing money for the purpose of illegal possession.
A loan contract is a contract in which the borrower borrows money from the lender, repays it at maturity and pays interest. Lending is a civil legal act of signing and performing a loan contract according to the true meaning, which is influenced by the adjustment of civil law. However, it is an illegal act to commit fraud in the name of borrowing, not to return the loan, and illegally occupy other people's property in the name of borrowing. The amount of fraud is large, which constitutes a crime and may be punished by criminal law.
Judgment of the purpose of illegal possession;
It belongs to the subjective psychological facts of the actor, but it must be combined with the objective facts of the case. In a loan case, the objective conditions for determining the borrower's illegal possession purpose include:
(a) whether to use false means to evade repayment obligations;
(two) whether it has the ability to repay;
(three) whether the loan is used normally, whether it is used for gambling, extravagance and waste, high-risk investment and illegal and criminal activities that lead to the return of the loan;
(four) whether to actively fulfill the repayment obligations;
(five) whether the person has hidden behavior after obtaining the loan;
The crime of fraud is an act of defrauding a company of a large amount of money by fabricating facts or concealing the truth for the purpose of illegal possession.
Legal basis:
criminal law
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of a legal relationship between lending and borrowing.
If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it.
The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.