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Standards for filing private loan fraud cases

Legal analysis: The filing criteria for the crime of loan fraud are mainly: fabricating false reasons for introducing funds, projects, etc.; using false economic contracts; using false certification documents; using false property rights certificates as guarantees or exceeding the mortgage Duplicate guarantees of property value; defrauding banks or other financial institutions of loans with an amount of more than 10,000 yuan; subjectively having the purpose of illegal possession. Legal basis: Article 148 of the "People's Republic of China and Civil Code" If one party uses fraudulent means to cause the other party to perform a civil legal act against its true intention, the party affected by the fraud has the right to request the People's Court or arbitration The organization is cancelled. Article 149 If a third party commits a fraudulent act, causing a party to perform a civil legal act against its true intention, and the other party knows or should know about the fraudulent act, the party who has been defrauded has the right to request the people's court or arbitration institution be revoked. Article 150 If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request the people's court or arbitration institution to cancel it. Article 192 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; if the amount is huge, Or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated. 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 personnel shall be punished in accordance with the provisions of the preceding paragraph. Article 266 Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years but not more than 10 years. Fixed-term imprisonment and concurrent fine; if the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and concurrently fined or property confiscated. If this law provides otherwise, the provisions shall prevail. Article 193 Whoever commits one of the following circumstances and defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, 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 and 20 A fine of not more than 10,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. imprisonment of not less than 1 year or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Whoever makes up false reasons for introducing funds, projects, etc.; (2) Who uses false economic contracts; (3) Using false certification documents; (4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral; (5) Using other methods to defraud loans.