How can car loans be identified as fraud

Under normal circumstances, car loans will not go to jail. After all, car loan belongs to a kind of folk economic behavior, and car loan repayment mainly involves folk economic disputes, which will not rise to the height of criminal offence. However, once the debtor's behavior is identified as loan fraud, he will go to jail.

Criteria for determining the crime of loan fraud:

1. At the beginning of applying for a car loan, the purpose is illegal possession, that is, there is no intention to repay the loan at the beginning;

2. The application materials used to apply for car loan are fraudulent;

3. The unpaid amount involved is huge. If only a few thousand dollars are not returned, it is not a loan fraud. Only if the amount involved is more than 1, yuan.

Although the car loan will not go to jail easily, the debtor will inevitably be punished by other punishments:

1. Personal credit is seriously damaged, which not only leaves a stain on the credit information system, but also may become a credit information black account and "laolai";

2. Your car was towed away by the financial institution for auction according to the contract;

3. After others know about the non-repayment of car loans, their personal reputation will plummet.

For more information about how car loan is identified as fraud, enter: See more contents about the criteria for filing a car loan fraud case and how it belongs to car loan fraud.

The criteria for filing a car loan fraud case are determined by the public security organs according to the specific circumstances, and those who meet the conditions for filing a criminal case are filed for investigation to obtain evidence, investigate the criminal's criminal responsibility, and recover the stolen money and return it to the victim.

criteria that may be considered as car loan fraud 1. If the lender aims at illegal possession at the initial stage of applying for a car loan, that is to say, there is no intention to repay the loan at the initial stage. 2. The materials used to apply for car loans are fraudulent. 3. The unpaid amount involved is relatively large, generally more than 1, yuan. If it is several thousand yuan, it is not a car loan fraud. Under normal circumstances, car loans will not go to jail, but if the circumstances are serious and are identified as car loan fraud, then you need to go to jail. In the case that the car loan is not repaid and has not reached the point of imprisonment, it will still be greatly affected, personal credit will be greatly damaged, there will be great stains in the credit report, and it may even become a black account of credit reporting, and its own vehicle will be towed away for auction according to the contract requirements. The sentencing of car loan fraud cases is like this: if the amount is relatively large, it will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property. How is a car loan recognized as fraud

According to the law, a car loan that meets the crime of fraud is recognized as fraud. The constitutive elements of fraud are: the main element is a natural person with full criminal responsibility; The object element is the ownership of public and private property; The subjective element is direct intention; The objective requirement is that the actor obtains property by cheating public and private property, and the amount is relatively large. According to the relevant laws and regulations, 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 control, and shall also or 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Legal basis

Article 266 of the Criminal Law of the People's Republic of China * * * The crime of swindling public or private property, if the amount is relatively large, 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.