1. Subjectively, the actor must have the purpose of "illegal possession", that is, illegally occupying loans from banks or other financial institutions as his own purpose.

2. The actor must cheat the bank or other financial institutions for loans.

3. Fraudulent loans must reach a large amount to constitute a crime, which is an important boundary between crime and non-crime.

The difference between loan fraud and fraud;

1, the criminal object is different. The object of the crime of loan fraud only refers to the loans of banks and other financial institutions, and the victims are banks or other financial institutions; The object of the crime of fraud includes both money and property. The object not only refers to banks or other financial institutions, but also is much wider than the crime of loan fraud.

2, the field is different. The crime of loan fraud occurs in the process of loan in the financial field; The scope of the crime of fraud is extremely broad, which can involve any field, including the financial field.

3. The objects of infringement are different. The crime of loan fraud not only violates the ownership of state and public loans, but also violates the state's management system of financial credit, which belongs to a complex object; The object of fraud is the ownership of public and private property.

4. The manifestations of objective behaviors are not exactly the same. Although the essential feature of its behavior is to fabricate facts or conceal the truth, the methods used in the crime of loan fraud are all centered on defrauding loans, and the specific methods are related to the documents and certificates needed for loans, such as fictional introduction of funds and projects and the use of false economic contracts. Fraud acts are more diverse, and sometimes the purpose of defrauding other people's property can be achieved only by its golden tongue.

5. The filing standards are different.

legal ground

Article 193 of the Criminal Law of People's Republic of China (PRC) shall, for the purpose of illegal possession, defraud a bank or other financial institution of loans under any of the following circumstances, and 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:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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 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.