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.
Article 193 of the Criminal Law stipulates that whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.
Extended data
Judicial execution
According to the spirit of the Minutes of the National Symposium on the Trial of Financial Crime Cases, which was formed by the Supreme People's Court in Changsha, Hunan Province from September 20 to 22, 2000, in judicial practice, an actor illegally obtained funds by fraudulent means, resulting in a large amount of funds that could not be returned, and under any of the following circumstances, it can be considered as having the purpose of illegal possession:
(1) defrauding a large amount of money knowing that he has no repayment ability;
(2) absconding after illegally obtaining funds;
(3) defrauding funds at will;
(four) the use of fraudulent funds for illegal and criminal activities;
(5) Evading, transferring funds or hiding property to avoid returning funds;
(6) Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds;
(seven) other illegal possession of funds and refused to return. However, in dealing with specific cases, if there is evidence that the perpetrator does not have the purpose of illegal possession, it cannot be punished as financial fraud just because the property cannot be returned.
According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, if the amount of personal loan fraud is more than 654.38 million yuan, it is a "large amount"; If the amount of personal loan fraud is more than 50 thousand yuan, it belongs to "huge amount"; If the amount of personal loan fraud is more than 200,000 yuan, it is a "particularly huge amount".
However, the above-mentioned "large amount" has been changed by Article 50 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security last year.
Article 50 of the prosecution standard clearly stipulates that anyone who defrauds a bank or other financial institution of loans for the purpose of illegal possession, with an amount of more than 20,000 yuan, shall file a case for prosecution.
Therefore, in China's current judicial practice, the standard of "large amount" of the crime of loan fraud should be 20,000 yuan, while the standards of "huge amount" and "extremely huge amount" have been implemented in accordance with Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, that is, the amount of personal loan fraud is "huge amount" and the amount of personal loan fraud is more than 200,000 yuan.