What are the manifestations of the crime of illegally issuing loans?
(1) Breaking up a large loan into parts and dividing it into multiple small credit loans, violating the provisions that large loans should have mortgage guarantee and the approval authority of large loans, and large loan customers collect customer information of small credit loans, fabricate application forms, loan investigation reports and virtual loan information to issue loans. Note: Rural credit cooperatives are the most common, therefore, credit officers of credit cooperatives should attach great importance to them.
(two) the borrower's identity conditions were not strictly examined according to law, and he made a holiday loan knowing that the borrower was inconsistent with the actual user.
(3) knowingly providing false loan information, failing to strictly examine the borrower's loan purpose and repayment ability as required, and issuing loans in violation of the loan issuance process.
(4) Failing to perform their duties seriously in the process of accepting and issuing credit, handling loan procedures without the presence of the guarantor, failing to investigate and verify the identity of the guarantor, and issuing loans in violation of regulations.
(5) Lending loans without strictly examining the information such as the ownership of mortgaged property, land and vehicles, and repeated guarantees, and without substantially investigating the guarantor's guarantee ability and credit standing.
(six) did not strictly check the borrower's assets, business, financial information and changes in shareholders, fabricated a credit report that was obviously inconsistent with the facts, and issued loans.
(7) loans overdue was arranged or requested by the unit leader, and did not conduct pre-loan investigation, illegally approved the issuance of loans, and failed to check the purpose of loans after loans, resulting in irrecoverable loans.
(VIII) Before granting the loan, the borrower's loan information was not checked on the spot, investigated before the loan, and reviewed during the loan, and the post responsibilities were not performed seriously, and a written contract was not concluded with the borrower, which led to loans overdue's failure to recover it.
(9) In the process of handling the project mortgage loan, in violation of the relevant provisions of the People's Republic of China (PRC) Commercial Bank Law, the income in the unaudited loan application materials proves the authenticity, and the lender's credit report is issued in violation of regulations, and the bank loan is issued, which leads to the inability of loans overdue to recover it.
(ten) in violation of the relevant provisions of the state and the Bank's measures for the implementation of working capital loans, guide borrowers to fabricate trading relationships, forge purchase contracts, fabricate loan purposes, and issue loans in violation of regulations.
(1 1) In order to fulfill the task of collecting the loan and interest issued by the superior, the lender signed the loan voucher and pressed the fingerprint in the way of returning the old loan to the old one and collecting the loan interest for the customers who failed to repay the loan principal and interest within the time limit, resulting in the loan being unable to be recovered.
(12) Failing to strictly investigate and verify the authenticity of the seller's production and operation, industry experience, past transaction records, real transactions between buyers and sellers and related materials in factoring loan business; The amount of accounts receivable does not meet the requirements of factoring loans, forging the confirmation letter of accounts receivable transfer, fabricating the amount of accounts receivable, and issuing loans in violation of regulations.
(13) Failing to carefully examine the borrower's qualification, loan purpose and repayment ability, failing to conduct household survey, signing on behalf of the second investigator, granting loans to the borrower with false joint guarantee, fabricating loan reasons, and changing loan purpose, resulting in loans overdue being unable to return the loans.
(14) Without verifying the transaction relationship and background, taking advantage of his position, changing the amount of the borrower's acceptance bill deposit in the bank credit system without authorization, and falsely increasing the borrower's credit line, resulting in the inability to recover the acceptance bill loan issued by the bank.
According to the different situations of such cases, the criminals in such cases shall be punished. The procuratorial organ hears the case and submits it to the People's Court of China. If the evidence of the case is unclear, they can also ask such case-handling units to re-investigate such cases to ensure the legitimate rights and interests of financial institutions.
Legal basis:
Article 186 of the Criminal Law of People's Republic of China (PRC) * * * Any employee of a bank or other financial institution who issues loans in violation of state regulations and the amount is huge or causes heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.