A loan contract concluded with the other party when the lender knew or should have known in advance that the borrower's loan was used for gambling and other illegal and criminal activities is invalid. In any of the following circumstances, the people's court shall deem the private loan contract invalid:
1, take loans from financial institutions for lending;
2. Lend funds obtained by borrowing from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing public deposits;
3. Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;
4. The lender knows or should know in advance that the borrower is still providing loans for illegal and criminal activities;
5. Violation of mandatory provisions of laws and administrative regulations;
6, contrary to public order and good customs.
Criteria for judging gambling:
1, gambling amount and gambling times. If relatives, friends and neighbors gamble occasionally, they don't take gambling income as the main source of their life or luxury. Public security punishment should be given according to the visual circumstances, but it should not be considered as a crime;
2. Motivation and purpose of participating in gambling. The constitution of gambling crime requires the actor to have the purpose of obtaining money subjectively out of direct intention;
3. The actor is a gambler, gambler, casino owner or general gambler;
4. The identity of gamblers and the relationship between gamblers.
The sentencing standards for gambling crimes are as follows:
Severely punished: If one of the following circumstances constitutes a gambling crime, it shall be severely punished in accordance with the relevant provisions, and shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
1, with the status of national staff;
2. Organizing national staff to gamble abroad;
3. Organizing minors to participate in gambling, or opening casinos to attract minors to participate in gambling.
4. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, 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.
5. Whoever gathers people to gamble or gamble for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
6. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall also be fined; If the circumstances are serious, 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.
To sum up, it is illegal to borrow money knowing that the other party is gambling, and this kind of debt is not protected by law. The lender knows in advance or should know that the borrower's loan is used for illegal and criminal activities such as gambling, and the loan contract concluded with the other party is invalid.
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 13.
In any of the following circumstances, the people's court shall deem the private loan contract invalid:
(a) Obtaining loans from financial institutions for lending;
(2) Lending money from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing funds from public deposits;
(3) Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;
(four) the lender knows or should have known in advance that the borrower's loan is used for illegal and criminal activities, but still provides loans;
(5) Violating the mandatory provisions of laws and administrative regulations;
(6) Violating public order and good customs.
(5) Violating the mandatory provisions of laws and administrative regulations;
(6) Violating public order and good customs.