Object requirements. The object of the crime: the country’s financial management order and the security of loans, bill acceptances, letters of credit, letters of guarantee, etc. from banks or other financial institutions. The banks here include the People's Bank of China and various commercial banks. Other financial institutions refer to various institutions other than banks that conduct financial business, such as securities, insurance, futures, foreign exchange, financial leasing, trust investment companies, etc. Safety here means that fraudulent lending practices make these assets of banks or other financial institutions in a relatively unsafe state compared with normal loans, which is not conducive to banks' risk prevention. objective requirements. Objective aspect: Deception was used in the process of applying for a loan from the bank. As long as the perpetrator fabricates facts and covers up the truth during the loan application process, or provides false certificates and materials during the loan application process, or fails to fill in the true purpose of the loan funds in order to defraud the smooth approval of the loan. , are all deceptive means. Main elements. Criminal subject: Usually the lender, but if the guarantor, bank staff, etc. help the lender to make plans, cover up the truth, provide false materials, etc., they may also constitute the perpetrator of this crime. In addition, according to the provisions of paragraph 2 of Article 175-1 of the Criminal Law, the subject of the crime can be either an individual or an entity. As for how to distinguish whether it is a unit crime or an individual crime, this article will specifically discuss it below. Subjective elements. Subjective aspect: It should be intentional, that is, actively using deceptive means to pursue the purpose of obtaining a loan for the lender's use. If the lender subjectively takes the loan as his own and does not intend to return it, it shall constitute the crime of loan fraud.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 175: Extortion of financial assets for the purpose of making profits through re-lending If an institution's credit funds are re-lent to others at high interest rates, and the amount of illegal gains is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times of the illegal income; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. In addition, a fine of not less than one time but not more than five times of the illegal income shall be imposed.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.