Handling that online loans cannot be repaid: they should be handled by the police, because routine loans are 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. Those who constitute the crime of fraud are generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and are also or only fined.
legal ground
Article 266 of the Criminal Law
Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.
The money from online loans was cheated. What should I do if I have no money to repay the online loan?
What should I do if the online loan is cheated and it is not available now? The answer is as follows:
What if the online loan is unable to repay?
1. If it is really unable to repay, it shall negotiate with the credit company to extend the repayment period or return it in installments.
2. If the credit company fails to perform the court's judgment within the performance period after suing the court and winning the case, it will apply to the court for enforcement.
3. When accepting enforcement, the court will inquire about the real estate, vehicles, securities and deposits in the name of the lender according to law.
4. If the lender refuses to perform the effective judgment of the court because there is no enforceable property under his name, negative information such as overdue repayment will be recorded in the personal credit report, which will restrict high consumption and entry and exit, and may even lead to judicial custody.
5. Refusing to execute a judgment or ruling is suspected of refusing to execute a judgment or ruling.
Article 313 of the Criminal Law Crime of refusing to execute a judgment or written order Whoever refuses to execute a judgment or written order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine.
What will happen to black online loans?
Black online lending will not have the following consequences:
1, bear high interest and fines;
2. The overdue records of users will be uploaded to the credit information system, which will affect credit consumption;
When the defendant goes to court, the people's court will make a judgment.
legal ground
Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC).
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
1. Now many online lending platforms have realized information sharing. After the loan is not repaid, cyber black will be completely banned by the entire online lending industry. In the future, when the network hacker needs to borrow it again, there is nowhere to borrow it. In addition, the personal information of cyber criminals may also be published on the website, which will bring great losses to their reputation.
2. Generally speaking, the online lending platform will call the debtor for dunning. For some informal online lending platforms, some people may be sent to collect debts. This will have a great impact on the normal life of the debtor and his family, and even cause personal injury.
3. Once the loan platform takes legal measures to sue the cyber criminals who owe money to the court, then the cyber criminals may be included in the list of untrustworthy people by the compound. After cyber criminals enter the list of untrustworthy people, their daily life will be greatly restricted, including not being able to fly, going in and out of high-end consumer places and so on.
4. Internet black loans will also be condemned by public opinion. As the saying goes, there is no fire in the paper, and it is inevitable that online black loans will not be repaid. By then, cyber criminals will become the object of discussion and contempt, and their future life will be more difficult.
Legal basis: Article 111th of the Civil Procedure Law of People's Republic of China (PRC). If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;