On the surface, using a false divorce certificate to defraud a huge (million) bank loan to buy a house is very likely to constitute a crime of defrauding loans. However, the author finds that the conclusion is not so absolute through studying a large number of actual cases and personal experience. In this kind of loan fraud cases, defense lawyers have a great choice of defense space. If we can fully grasp the relevant favorable defense points, it is very likely to bring ideal defense effect. Taking buying a house with a fake divorce certificate as the topic, the author compares several typical cases, such as Tang Jun, a working emperor, suspected of defrauding loans (not suing) and Xie Genrong, one of Hurun Report (life imprisonment), to sort out several important points of innocence in the crime of defrauding loans. In recent years, due to the implementation of housing purchase restriction measures in various places, it is not uncommon for residents to obtain bank housing loans through fake divorce or even directly using fake divorce certificates. Cases in which property buyers are convicted of fraudulent loans have also been heard from time to time. For example, in the case of Zhou's fraudulent loan in Zhuhai (20 16), Guangdong was sentenced to 04 14. Zhou was finally convicted of using a fake divorce certificate to buy a house to defraud a loan. The public and the media can't help wondering, using fake divorce certificates to apply for millions of housing loans. Apart from civil fraud, does this behavior necessarily constitute loan fraud or loan fraud? First, it is difficult (almost impossible) for this kind of behavior to constitute the crime of loan fraud? The crime of loan fraud is stipulated in Article 193 of the Criminal Law, which refers to the act of fabricating false reasons such as introducing funds and projects for the purpose of illegal possession, using false economic contracts, using false documents and false property rights certificates as guarantees, and repeatedly guaranteeing the value of collateral to defraud banks or other institutions of loans with a large amount. The most obvious feature of this crime is that the subjective purpose of the actor (the lender applying for house purchase) is illegal possession. However, in the case described in this paper, the purpose of the buyer's loan to the bank is to obtain the loan qualification, and the buyer does not have any illegal purpose of maliciously occupying the loan amount. Subjectively, the lender only obtains the loan by forging relevant documents, and will still repay the loan normally afterwards, and will not abscond with the money. Will not be used for illegal and criminal activities. Therefore, in daily life, as long as the buyers who use fake divorce certificates repay normally, other purchase materials are true (such as purchase contracts and income certificates). ), and generally does not constitute loan fraud. Second, will this behavior constitute a 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. On the surface, the act of obtaining huge loans from banks by using fake divorce certificates is likely to constitute the crime of defrauding loans. The perpetrator used false loan information to defraud the trust of bank staff and obtained a large number of housing loans. According to the criminal law, the fraud of the perpetrator must cause great losses to banks and other financial institutions or have other serious circumstances. There are also provisions in the law on the specific standards for such heavy losses and serious circumstances: according to Article 27 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) promulgated by the Supreme People's Procuratorate and the Ministry of Public Security in May 20 10, if the amount of loans obtained by fraud is more than one million yuan, or if the loans are obtained by fraud, If the amount of direct economic losses to banks or other financial institutions is more than 200,000 yuan, or if loans have been obtained by deception for many times, although the above amount standard has not been reached, but heavy losses have been caused to financial institutions or there are other serious circumstances, the case shall be filed for prosecution. However, the amount of housing loans is often several million, which is extremely normal. On the surface, applying for a huge loan with a fake divorce certificate fully meets the criminal prosecution standard of defrauding loans of more than one million.