Using a false contract to borrow money from a bank may be suspected of loan fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be 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.
Whoever forges a loan contract to defraud a large amount is suspected of fraud and shall be investigated for criminal responsibility.
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.
The elements of fraud are as follows:
1, object element. The object of infringement is the ownership of public and private property;
2. objective factors. Objectively, it is manifested in the use of fraud to defraud a large amount of public and private property;
3. Main elements. Subject is a general subject, which can be composed of any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility;
4. Subjective factors. Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property.
To sum up, using false contracts to defraud loans is fraud, and the parties should bear legal responsibility.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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; 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 or confiscated. Where there are other provisions in this Law, such provisions shall prevail.