Providing false materials to defraud bank loans constitutes a financial crime.
According to Article 193 of the Criminal Law of People's Republic of China (PRC), under any of the following circumstances, if a bank or other financial institution issues a large amount of loans for the purpose of illegal possession, it 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, 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 proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(three) the use of false economic contracts;
(four) using false documents;
(5) Loans in other ways.
Financial crime refers to the act of defrauding public or private property or the credit of financial institutions by fabricating facts or concealing the truth for the purpose of illegal possession, and undermining the order of financial management.
My friend took out a bank loan and asked me to pretend that the decoration company signed a contract with my friend. The money from the bank was transferred to my card, and then I gave it to my friend. this is
This is because the CBRC stipulates that loan funds must be earmarked for reasonable and legal purposes. In most cases, if the amount is more than 300,000 yuan, the money should be directly transferred to the other party's account in the form of entrusted payment for the loan provided by the bank. Many departments will randomly check the loan files, so there is no big problem in transferring money to your account, which proves that your friend is still very at ease with you.
What will be the punishment for defrauding loans with fake purchase and sale contracts?
Using false purchase and sale contracts to defraud loans is suspected of loan crimes. The crime of loan (article 193 of the Criminal Law) refers to the act of fabricating false reasons such as introducing funds and projects, using false economic contracts, false certificates, using false certificates of property rights as guarantees, repeatedly guaranteeing beyond the value of collateral, or lending a large amount to banks or other financial institutions in other ways. Loan crime is a kind of financial crime.
What are the conditions for filing a case in renovation contract?
Renovation contract can report to the local Economic Investigation Brigade. The conditions for filing a case are as follows: first, the actor has the intention to deceive the other party subjectively; Second, the deception of some procedures has been objectively implemented; Third, let the other party have the illusion of signing a contract; Fourth, the contract was not fulfilled or not fully fulfilled, causing the other party to suffer economic losses.
legal ground
Article 224 of the Criminal Law, whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall 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 and shall also be fined or confiscated:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.