First, the criminal law 193 loan fraud filing standards are as follows
1 article 193 of the criminal law: the filing standard for the crime of loan fraud is that the amount of fraud reaches more than 20,000 yuan. Those who constitute the crime of loan fraud are generally sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it, but the unit cannot become the subject of this crime.
2. Legal basis:
According to article 193 of the criminal law of People's Republic of China (PRC).
Under any of the following circumstances, whoever defrauds a bank or other financial institution 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. What are the constitutive elements of the crime of loan fraud?
The constitutive elements of the crime of loan fraud are as follows:
1. Main elements. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it, but the unit cannot become the subject of this crime.
2. Object elements. The object of this crime is a dual object, which not only infringes on the loan ownership of banks or other financial institutions, but also infringes on the national financial management system. Loan refers to the monetary funds provided by banks or other financial institutions as lenders to borrowers and repaid the principal and interest at the agreed interest rate and time limit.
3. Subjective factors. Subjectively, this crime is intentionally constituted with the purpose of illegal possession.
4. objective factors. Objectively speaking, this crime is manifested in the act of using fictional facts to conceal the truth and defrauding banks or other financial institutions of a large amount of loans.