Failure to repay borrowed money does not necessarily constitute fraud. If the debtor is unable to bear the relevant debt and fails to return it in time, then it is not considered fraud. In this case, it can be negotiated and handled according to installments. payment or deferred payment.

The crime of fraud refers to "the purpose of illegal possession, the use of deceptive methods of fabricating facts or concealing the truth, causing the victim to fall into a misunderstanding and "voluntarily" dispose of property, thereby defrauding a larger amount of public and private property. behavior". There are many similarities between loan fraud and civil claims and debt disputes in their manifestations, such as transferring property in the name of borrowing, being unable to repay debts when due, etc. So what is the difference in expression between loan fraud and private lending? How do we judge in specific cases? The main points are as follows:

(1) The subjective intentions of the perpetrators are different

The fraudster subjectively has the intention to illegally possess the money, that is, the perpetrator has the intention not to return the money when he borrows it. The crime of fraud requires that the perpetrator has the purpose of illegal possession as a subjective element. Therefore, the fraudster's "borrowing money" is just a fictitious pretense, and he has no subjective intention to return it. However, normal borrowers have the intention to repay when they borrow money, and the debt is often not repaid in time due to objective reasons.

(2) The methods used by perpetrators are different

Fraudsters will use means of fabricating facts and concealing the truth when borrowing money, leading to the victim's wrong understanding. For example, fictitious borrowing is used for Some kind of investment or profit-making activities, or fabricating one's own financial situation to make the victim mistakenly believe that he has the ability to repay. In normal lending, borrowers often truthfully inform them of the purpose of the loan and rarely use deceptive methods.

(3) The perpetrators have different attitudes towards borrowing

Scammers will not consider returning the property after defrauding it, so they will use the property without any worries or restraint. Causing the loss of property, such as using the borrowed money for gambling, drug abuse, or personal squandering; in private lending, the borrower has the ability to repay the loan, or uses the borrowed money in a way that can generate legitimate gains to ensure the repayment of the loan.

Legal basis:

Article 193 of the "Criminal Law of the People's Republic of China"

Under any of the following circumstances, illegal possession For the purpose of defrauding loans from banks or other financial institutions, 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; if the amount is huge or there are other serious circumstances, he shall be sentenced to not more than five years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; to a fixed-term imprisonment of not less than 10 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to not less than 10 years of fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of less than 10,000 yuan or confiscation of property:

(1) Making up false reasons for introducing funds, projects, etc.;

(2) Using false economic contracts;

(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral;

(5) Using other Methods to defraud loans.