First, the common criminal methods and steps of "routine loan" include but are not limited to the following situations:
(1) Create the illusion of private lending. Criminal suspects and defendants often publicize in the name of small loan companies, investment companies, consulting companies, guarantee companies, peer-to-peer lending platforms, etc., to attract victims to borrow money with low interest, unsecured, unsecured, fast loans, etc., and then induce victims to sign loan agreements or related agreements with false reasons such as "margin" and "articles of association" based on misconceptions. Some criminal suspects and defendants will also force the other party to sign a "loan" agreement or related agreement with an inflated amount on the grounds that the victim defaulted on the previous loan.
(2) False payment facts, such as the operation of manufacturing funds. The criminal suspect and defendant transferred funds to the victim's account according to the inflated amount of the "loan" agreement, creating traces of all the loans that have been delivered to the victim, and then recovering all or part of the funds through various means, but the victim did not actually obtain or fully obtain the "loan" agreement and the money shown in the bank flow.
(3) Deliberately creating a breach of contract or arbitrarily identifying a breach of contract. Criminal suspects and defendants often deliberately cause the victim to default by setting default traps and creating repayment obstacles, or force the victim to repay false debts by arbitrarily identifying default.
Two, knowing that others commit the crime of "routine loan", under any of the following circumstances, it shall be punished as the * * * of related crimes, except as otherwise provided by the criminal law and judicial interpretation:
(1) Organize to send "loan" information and advertisements to attract and introduce victims to "borrow";
(two) to provide funds, places, bank cards, account numbers, transportation and other assistance;
(3) Selling, providing or helping to obtain citizens' personal information;
(4) assisting in making false payment facts such as statement records;
(5) Assisting in notarization;
3. If a criminal suspect or defendant uses the illegally acquired property to pay off debts, transfer or set other rights burdens, it shall be recovered according to law under any of the following circumstances:
(1) A third party accepts illegally acquired property;
(2) A third party obtains illegally acquired property for free or at a price significantly lower than the market price;
(3) A third party obtains illegally obtained property through illegal debt repayment or illegal and criminal activities;
(four) other circumstances that should be recovered according to law.
Legal basis:
Article 266 of the Criminal Law
Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or confiscated.