According to a query on Hualv.com, we learned that the company’s cooperation with farmers to defraud farmers’ account loans may constitute the crime of fraud or defrauding of loans. The details will depend on the following aspects:
The purpose and method of cooperation between the company and farmers. If a company uses deceptive means to defraud farmers of their property or bank loans for the purpose of illegal possession, it constitutes a crime of fraud. If the company cooperates with farmers to obtain bank loans, but there is no purpose of illegal possession, but there are false information or violations of the agreement in the process of applying for, using, and returning the loan, then it constitutes the crime of fraudulently obtaining loans.
The subjective will and behavior of farmers. If the farmer is deceived or coerced by the company, and participates in the cooperation unknowingly or unwillingly, then the farmer is the victim and can report the case to the public security agency or file a lawsuit in court, demanding that the company return the property or compensate for losses. If the farmer actively or voluntarily participates in the cooperation, knowingly or acquiescing to the company's deceptive behavior, then the farmer may become a criminal or an accessory and must bear corresponding criminal liability.
The amount of the loan and the harmful consequences. If the amount of the loan reaches a certain standard or causes serious social harm, the criminal liability of the company and farmers will be aggravated. According to the provisions of Article 1 of the "Interpretations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" by the Supreme People's Court and the Supreme People's Procuratorate, the value of defrauding public or private property is from 3,000 yuan to more than 10,000 yuan, from 30,000 yuan to more than 100,000 yuan, If the amount exceeds 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law.
To sum up, whether the cooperation between the company and farmers to defraud farmers into account loans constitutes the crime of fraud or the crime of fraudulently obtaining loans must be judged based on the facts and evidence of the specific case.