1, illegal usury, disrupting the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income;
2. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income, or his property shall be confiscated.
Elements of the crime of illegal lending;
1, object element. The object of the crime of illegally issuing loans is the national financial management system, specifically the national loan management system;
2. objective factors. Objectively, it shows that the actor violates the provisions of laws and administrative regulations, neglects his duty or abuses his power, and issues loans, causing heavy losses;
3. Subjective factors. Subjectively, the crime of illegally issuing loans is negligence, that is, the actor may cause great losses because of his illegal issuance of loans because of negligence, which is generally an overconfident negligence;
4. Main elements. Is a special subject, only by Chinese commercial banks, trust and investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions established in China to engage in loan business, as well as the staff of the above financial institutions. No other units, including foreign-funded financial institutions (including foreign capital, Sino-foreign joint ventures, branches of foreign-funded financial institutions, etc.). ) and individuals can be the main body.
To sum up, the crime of illegally issuing loans is one of the most common crimes committed by bank employees, but it is often ignored by bank employees. Undeniably, in recent years, the number of cases in which bank employees commit the crime of illegally issuing loans has also increased.
Legal basis:
Article 186 of the Criminal Code of People's Republic of China (PRC).
Crime of illegally issuing loans: staff of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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.
The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.