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Will you be sentenced if you can't repay it by borrowing usury?
Legal analysis: 1. If you can't afford to borrow usury, you won't go to jail. Prison refers to fixed-term imprisonment, which is a criminal responsibility after committing a crime. In other words, the premise of imprisonment is that you constitute a criminal offence. But as far as your description is concerned, if it is because you are unable to repay the loan, it only involves civil disputes and does not constitute a criminal offence. If you don't bear criminal responsibility according to law, there is no problem of going to jail. 2. If you have the ability to repay, but refuse to repay, and the lender files a lawsuit, the court decides that you will repay the principal and interest of the loan (the maximum annual interest rate is 24%), and you still refuse to repay within a limited time, which may constitute a crime of refusing to perform the judgment document. At this time you may be sentenced to fixed-term imprisonment and fixed-term imprisonment. Legal Basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 25 If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the market price of one-year loan when the contract is established. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th. Article 26. The loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal. Article 27 After the borrower and the borrower settle the loan principal and interest in the early stage, the interest shall be included in the loan principal in the later stage, and the creditor's rights certificate shall be reissued. If the interest rate in the early stage does not exceed four times the market quotation of the one-year loan when the contract is established, the amount specified in the reissued creditor's rights certificate can be confirmed as the loan principal in the later stage. The overcharged interest shall not be used as the loan principal in the future. According to the calculation in the preceding paragraph, if the sum of the principal and interest that the borrower should pay after the expiration of the loan term exceeds the sum of the interest of the whole loan term based on the initial loan principal and calculated according to the market quotation of the one-year loan at the time of the establishment of the contract, the people's court will not support it. Article 28 If the borrower and the lender have an agreement on overdue interest rate, such agreement shall prevail, but it shall not exceed four times the market interest rate of one-year loan at the time of the establishment of this Contract. If the overdue interest rate is not agreed or clearly agreed, the people's court may deal with it according to different circumstances: (1) If neither the interest rate within the loan term nor the overdue interest rate is agreed, the people's court shall support the lender to claim that the borrower shall bear the liability for breach of contract for overdue repayment from the date of overdue repayment with reference to the interest rate standard listed in the one-year loan market at that time; (2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation according to the interest rate during the loan period from the date of overdue repayment. Article 29 The lender and the borrower have agreed on overdue interest rate, liquidated damages or other expenses. The lender can choose to claim overdue interest, liquidated damages or other expenses, or both, but the people's court will not support the part that exceeds 4 times the quoted interest rate of the one-year loan market when the contract is established. Article 30 The borrower may repay the loan in advance, unless otherwise agreed by the parties. If the borrower repays the loan in advance and claims to calculate the interest according to the actual loan period, the people's court shall support it.