There are three situations in which the defendant exists:

1. Under normal circumstances, overdue loans are only civil disputes and will not go to jail, but the loan platform will apply to the court for enforcement after winning the case;

2. Those who have the ability to refuse to execute the judgment or ruling shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined;

3. For the purpose of illegal possession, defrauding banks or other financial institutions of loans, the amount of which exceeds 1 10,000, is suspected of loan fraud:

(1) If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;

(2) 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 50,000 yuan but not more than 500,000 yuan;

(3) 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 not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated.

I. Law enforcement:

1. If the bank sues the court and wins, and fails to perform the court's judgment within the performance period, it may apply to the court for enforcement;

2. When the court accepts enforcement, it will inquire about the real estate, vehicles, securities and deposits under your name according to law;

3. If the person subjected to execution is really unable to perform, the court may temporarily suspend execution and resume execution at any time after being able to perform;

4. If the person subjected to execution is unable to repay the loan due to living difficulties, has no source of income and loses the ability to work, the court will terminate the execution.

5, the people's court usually execution methods and means are as follows:

(1) Inquire, freeze and transfer the deposit of the executed person in the financial system;

(2) Seizing or withdrawing the income of the person subjected to execution outside the case;

(3) sealing up, distraining, freezing, auctioning and selling off the property of the person subjected to execution;

(4) to search the person, residence or hiding place of the property of the person subjected to execution;

(5) Summoning the person subjected to execution to deliver property or tickets, or forcing the person subjected to execution to deliver property or tickets;

(6) Forced to move out of the house or land;

(7) Notify the relevant units to assist in handling the transfer procedures of the property right certificate;

(eight) to force or entrust the relevant units to complete the act that should be completed by the person subjected to execution, and to order the person subjected to execution to bear the expenses.

Two, have the ability to refuse to execute the case, suspected of refusing to execute the judgment or ruling:

1, Article 313 of the Criminal Law, refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

2. According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Refusing to Execute Judgments and Orders, if the person who has the obligation to execute the judgments and orders of the people's courts has one of the following circumstances, it shall be deemed that the refusal to execute the judgments and orders of the people's courts is "serious":

(1) Hiding, transferring, selling, destroying the property that has been sealed up or detained according to law or has been counted and ordered to be kept, and transferring the frozen property, which makes the judgment or ruling unenforceable;

(2) Hiding, transferring, selling off or destroying the property that provides guarantee to the people's court during the execution, which makes the judgment or ruling unenforceable;

(3) Obstructing or resisting execution by means of violence or threat, which makes execution impossible;

(four) gathering people to make trouble, attacking the execution place, besieging, detaining and beating the execution personnel, which makes the execution impossible;

(5) Damaging or robbing the data of execution cases, execution vehicles and other execution equipment, clothing of execution personnel and official certificates, thus causing serious consequences;

(six) other obstacles or resistance to the implementation of serious consequences.

Three, for the purpose of illegal possession, defrauding banks or other financial institutions loans, the amount of more than 6.5438 million yuan, suspected of loan fraud:

1 Article 193 of the Criminal Law The crime of loan fraud is under any of the following circumstances. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 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 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.

2 "Other serious circumstances" as stipulated in Article 10 of the Decision of NPC Standing Committee on Punishing Crimes of Disrupting Financial Order refers to:

(1) paying a large amount of bribes to the staff of a bank or financial institution in order to defraud loans;

(two) squandering loans, or using loans for illegal activities, resulting in loans that cannot be repaid when they expire;

(three) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;

(four) to apply for a loan by providing false guarantee, and refuse to repay it after the expiration of the loan period;

(five) to apply for a loan in the name of others, and refuse to repay the loan after the expiration of the loan period.

3 "Other particularly serious circumstances" as stipulated in Article 10 of the Decision of the NPC Standing Committee on Punishing Crimes of Disrupting Financial Order refers to:

(1) bribing the staff of a bank or financial institution for the purpose of defrauding loans, with a huge amount;

(2) absconding with money;

(three) the use of loans for criminal activities.

4. If the amount of personal loan fraud is more than 1 1,000 yuan, it is "a large amount"; If the amount of personal loan fraud is more than 50 thousand yuan, it belongs to "huge amount"; If the amount of personal loan fraud is more than 200,000 yuan, it is a "particularly huge amount".

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 243rd of the Civil Procedure Law.

A legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.

Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.

Article 249

If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.

When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.