Those who meet the following conditions can be deemed to constitute the crime of defrauding loans, that is, the subject is the applicant for loans, and the object of infringement is the financial management order of the country and the loan safety of financial institutions such as banks; Subjectively intentional; Objectively speaking, it is cheating in the process of applying for a loan from a bank.

legal ground

Article 175 of the Criminal Code of People's Republic of China (PRC).

Where loans, bill acceptance, letters of credit, guarantees, etc. are obtained. Whoever defrauds a bank or other financial institution of funds and causes heavy losses to the bank or other financial institution shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances 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 a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.