Non-repayment of loans is generally an economic dispute and can only be brought to court. It is not a criminal case and does not constitute fraud. Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

The constitutive elements of the crime of fraud include: 1. Subjective elements: subjective intention; 2. Subject elements: the subject is a general subject; 3. Object elements: the object of infringement is the ownership of public and private property; 4. Objective elements: Objectively, it is manifested as using fraudulent methods (fictional facts or concealing the truth) to defraud a large amount of public and private property.

Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, he 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.