I. Determination of the Crime of Loan Fraud
There is a special relationship between the crime of loan fraud and the crime of loan fraud. In other words, whoever obtains loans from financial institutions by deception commits the crime of defrauding loans. However, if the perpetrator has the purpose of illegal possession, it should be recognized as the crime of loan fraud. In judging the purpose of illegal possession, in addition to investigating the means of behavior, the following factors need to be considered: whether to use the loan according to the purpose of the loan after obtaining it; Whether to use the loan for illegal and criminal activities; Whether to abscond with money; Whether to actively prepare to repay the loan after the expiration. In any of the following circumstances, it shall be deemed to have the purpose of illegal possession: (1) issuing loans in the name of others;
(2) absconding with money after borrowing; (3) the loan is not used according to the purpose of the loan, but is used for profligacy, which makes the loan unable to repay; (4) Change the purpose of the loan, and use the loan for high-risk economic activities, resulting in significant economic losses and inability to repay the loan; (5) To seek illegitimate interests, change the purpose of the loan, resulting in significant economic losses, resulting in the inability to repay the loan; (six) the use of loans for illegal and criminal activities; (seven) concealing the whereabouts of the loan and refusing to repay it after the loan expires; Wait a minute. If it cannot be proved that the perpetrator has the purpose of illegal possession, it cannot be punished as loan fraud. For example, a loan is obtained by deception because it is not qualified for the loan, and the loan can be repaid at the time of crime, or the loan cannot be repaid at the time of crime due to reasons other than mismanagement, fraud, market risk and so on. , can only be identified as the crime of defrauding loans. In addition, after legally obtaining the loan, if the loan is not used according to the prescribed purpose and the loan is not returned at maturity, it can neither be punished as loan fraud nor as loan fraud.