According to Article 193 of the Criminal Law of People's Republic of China (PRC), the crime of loan fraud refers to the act of fabricating false reasons such as introducing funds and projects for the purpose of illegal possession, using false economic contracts, using false documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans or a large amount by other means. The crime of loan fraud belongs to a kind of financial crime.
Object element
The object of this crime is a dual object, which not only infringes on the loan ownership of banks or other financial institutions, but also infringes on the national financial management system. Loan refers to the monetary funds provided by banks or other financial institutions as lenders to borrowers and repaid the principal and interest at the agreed interest rate and time limit. In modern society, with the increasing demand for funds for national economic and social development, loans play an increasingly prominent role in social and economic life. Banks and other financial institutions not only participate in the liquidity turnover of enterprises by issuing loans, but also support enterprises to purchase fixed assets and carry out technological transformation to promote the development of production. At the same time, they also promote the circulation of commodities and the development of science, technology, culture and health. At the same time, with the increasing development of China's loan finance business, illegal and criminal activities of fraudulent loans have emerged and become increasingly fierce. Fraud not only infringes on the property ownership of banks and other financial institutions, but also inevitably affects the normal loan business and other financial business of banks and other financial institutions, undermining the stability of China's financial order. Therefore, fraudulent loan behavior infringes on the loan ownership of banks and other financial institutions and the national loan management system, which is more harmful to society than ordinary fraud.
Objective elements
Objectively speaking, this crime is manifested in the act of using fictional facts to conceal the truth and defrauding banks or other financial institutions of a large amount of loans.
First of all, this crime is manifested in the behavior of the actor fabricating facts, concealing the truth and defrauding banks or other financial institutions. The so-called fictional facts refer to fabricating facts that do not exist objectively to defraud the trust of banks or other financial institutions; The so-called concealment of the truth refers to the deliberate concealment of some objective facts, which makes banks or other financial institutions have the illusion. According to the provisions of this article, the methods used by the actor to defraud loans mainly have the following manifestations:
Fabricating false reasons such as introducing funds and projects to defraud banks or other financial institutions of loans. This situation has occurred frequently in recent years. In Shanghai alone, there have been dozens of investment fraud cases in one year. Criminals usually forge huge funds from foreign consortia or huge private deposits of "patriotic Chinese in the United States" and deposit them in banks on preferential terms to defraud banks of loans and fees. In addition, many criminals fabricated investment projects with good returns and defrauded banks and other financial institutions for loans.
Using false economic contracts to defraud banks or other financial institutions of loans. In order to support production, encourage exports and increase the value of limited funds, banks or other financial institutions sometimes issue loans under economic contracts. Some criminals forged or used false export contracts or other economic contracts with good short-term output rate to defraud banks or other financial institutions of loans. For example, the criminal Zhang forged a company's export supply contract, applied for a loan of several million yuan from a bank in Shanghai with a false contract, and absconded with the money.
Using false documents to defraud loans from banks or other financial institutions. The so-called certification documents refer to the documents needed when applying for loans from banks or other financial institutions, such as letters of guarantee and certificates of deposits. For example, a company borrows millions of yuan from another bank by issuing false deposit certificates through the staff inside the bank.
Defrauding banks or other financial institutions of loans by using false property rights certificates as collateral or repeatedly guaranteeing beyond the value of collateral. The title certificate here refers to all documents that can prove that the actor has ownership of real estate such as houses or movable property such as cars, money and bills that can be redeemed at any time. For example, the criminal Zhang used the forged real estate license of a housing development company as collateral to defraud the bank loan of10 million yuan.
By other means, defrauding banks or other financial institutions of loans, "other methods" refers to forging the official seal of the unit to defraud loans; Using counterfeit money as collateral to defraud loans; Borrow first and then use fraudulent means to refuse to repay the loan. The spirit of this provision is that no matter what method the perpetrator uses to defraud the loan, he should be investigated for criminal responsibility according to this crime.