Criteria for filing the crime of loan fraud;

1, fabricating imported funds;

2. Fabricating false reasons such as introducing projects;

3. Using false economic contracts;

4. Using false documents;

5, the use of false proof of property rights as a guarantee;

6, the use of repeated guarantees beyond the value of collateral;

7. Borrow first and then repay, and refuse to repay by fraudulent means;

8. defrauding loans by other means.

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 or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall 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.

legal ground

Article 193rd of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes the crime of loan fraud. If the amount is relatively large, he 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) obtaining loans by other means.

The filing standard of the crime of defrauding loans

The crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, which causes heavy losses to banks or other financial institutions or has other serious circumstances. The statutory punishment for this crime is: fixed-term imprisonment of not more than three years or criminal detention; 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.

According to the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II),

If the amount involved in the crime of defrauding loans is more than one million yuan, criminal responsibility may be investigated; If the amount of direct economic losses caused to banks or other financial institutions is more than 200,000 yuan, criminal responsibility may also be investigated. Or reach 80% of the above two figures and defraud loans many times, you can also be investigated for criminal responsibility.

According to the provisions of Article 27 of "Provisions on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" issued by the Supreme People's Procuratorate and the Ministry of Public Security in May 20 10, anyone suspected of one of the following circumstances shall be prosecuted for the crime of defrauding loans:

First, the loan amount obtained by fraudulent means is more than 6,543,800 yuan;

Second, defrauding loans to banks or other financial institutions, causing direct economic losses of more than 200,000 yuan;

Third, although it has not reached the above-mentioned amount standard, it has defrauded loans for many times;

Fourth, other circumstances that cause great losses to financial institutions or have other serious circumstances.

The filing standard of the crime of defrauding loans

The crime of defrauding loans is the crime of defrauding loans, the crime of accepting bills and the crime of financial bills. The criteria for filing a case are: (1) obtaining a loan of more than one million yuan by fraudulent means; (two) defrauding loans, causing direct economic losses of more than 200 thousand yuan to banks or other financial institutions; (three) many times to defraud loans, although not up to the above amount standard; (4) Other circumstances that cause heavy losses to banks or other financial institutions or have other serious circumstances. Sentencing standard: (1) Whoever obtains loans from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; (2) 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. (3) Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

Legal basis:

Article 175-1 of the Criminal Law 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.

Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II) Article 27 Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. In any of the following circumstances, a case shall be filed for prosecution:

(1) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, the amount is more than one million yuan;

(2) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, causing direct economic losses of more than 200,000 yuan to banks or other financial institutions;

(3) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. Take fraudulent means for many times, although it does not meet the above-mentioned amount standard;

(4) Other circumstances that cause heavy losses to banks or other financial institutions or have other serious circumstances.