Under the current legal framework, if the unit is the borrower and the illegal income belongs to the unit, it cannot be recognized as the crime of loan fraud in the judiciary. To this end, the Supreme Court put forward in the Summary of the Symposium on the Trial of Financial Fraud Crimes by National Courts: "In judicial practice, it is very obvious that units use loan contracts to defraud banks or other financial institutions for the purpose of illegal possession, which is in line with the constitutive requirements of the crime of contract fraud stipulated in Article 224 of the Criminal Law."
The Supreme Court clearly stipulates in the Interpretation on Relevant Issues Concerning the Specific Application of Law in the Trial of Unit Crime Cases: "Companies, enterprises and institutions established by individuals to carry out illegal and criminal activities commit crimes, or the main activities of companies, enterprises and institutions after their establishment are to commit crimes, and they shall not be punished as unit crimes."
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