I don’t know what the temporary funds you mentioned are used for, but it is illegal to obtain a loan and then refinance it. And withdrawing funds refers to the act of defrauding national construction investment by falsely reporting projects, investment scales, completed projects, or falsely reporting investment completion amounts with false economic and business matters. It is an illegal act in itself.

Today, let’s learn about a new crime - the crime of usury on loan.

Article 175 of the "Criminal Law" stipulates that if, for the purpose of making profits through on-lending, the credit funds of a financial institution are defrauded and on-lending to others at high interest rates, and the amount of illegal gains is relatively large, it shall constitute the crime of on-lending at high interest rates. .

The standards for filing and prosecution of this crime are: 1. The amount of illegal income obtained from the loan at high interest rate is more than 100,000 yuan; 2. Although the amount does not reach the above-mentioned standard, the person has received administrative punishment for the loan at high interest rate within two years. For more than two times, the loan was refinanced at high interest rates.

To put it simply, in this crime, the perpetrator subjectively had the purpose of re-lending for profit, and objectively carried out the act of defrauding financial institutions and re-lending for profit. This is the basic logic of this crime.

How to understand "obtaining loans from financial institutions"?

1 "Extorting loans from financial institutions" requires the borrower to provide evidence. The borrower needs to prove that the money lent by the lender comes from the funds of the financial institution. Common situations are: both the lender and the borrower agree that the funds come from financial institutions and re-loan; the lender uses a credit card to cash out and sends a credit card bill to the borrower; the lender lends money to the borrower shortly after borrowing a large amount of funds from the bank. . Once the lender cannot provide evidence to prove that the borrower "defrauded the financial institution of borrowing money", its claim that the contract is invalid will not be supported. In the Beijing High Court (2020) Jingminzhong Case No. 151, the court held that “it cannot be proven that the amount lent by Daocheng Phase I Center to Zhongzenong Company came from funds obtained from financial institutions, so Zhongzenong Company The appeal regarding the invalidity of the loan contract is not supported by evidence and will not be accepted by this court. ”

2. Borrowing funds from others and then re-lending them is not automatically invalid. The law does not mandate that all the funds lent by the lender be its own funds. Borrowing funds from others and then re-lending them will certainly be invalid. (2020) Sichuan 01 Minzhong No. 14715, the Chengdu Intermediate People’s Court held that, “In this case, although Huang Bei’s loan is not entirely personal, it comes from the personal funds of his sister and nephew, and is not credit funds from a financial institution. Therefore, Huang Bei’s lending behavior does not constitute high-interest on-lending, and the private lending contract is legal and valid.”

3. “Extorting loans from financial institutions and on-lending” may be a criminal offense.

According to Article 5 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases", after the People's Court has filed the case, if it finds that the private lending behavior itself is suspected of illegal fund-raising and other crimes, it shall rule to dismiss the prosecution. And transfer clues and materials suspected of illegal fund-raising and other crimes to the public security or procuratorial organs.