The crime of defrauding loans and the crime of lending at high interest are both set in the same article of the criminal law. Subjectively, the two crimes have no purpose of illegal possession of loans, but their objective behaviors are similar to some extent. If the perpetrator defrauds the loan and then lends it to others at high interest rate, his behavior may be consistent with the crime of defrauding the loan and the crime of lending at high interest rate. The final choice of which crime to apply depends on the offender's illegal income and the loss of banks or other financial institutions. For those who have caused great losses to banks or other financial institutions, the crime of defrauding loans is generally chosen to highlight the deception of criminal acts and the serious harm to financial order; If it doesn't cause great losses to banks or other financial institutions, the actor makes a profit by lending, which generally tends to be identified as the crime of lending at high interest.
Article 27 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs issued by the Supreme People's Procuratorate and the Ministry of Public Security in May, 20 10 (hereinafter referred to as "Provisions (2)") stipulates that if a bank or other financial institution obtains a loan by deception or other means, resulting in a direct economic loss of more than 200,000 yuan, or if it fails to meet the above-mentioned amount standards, it has repeatedly defrauded the loan, causing heavy losses or other serious problems to the financial institution.
Prior to this, in 2009, the Economic Investigation Bureau of the Ministry of Public Security took the lead in making the Reply on the Standards for the Prosecution of Crimes of Fraudulent Loans and Illegal Loans, and its basic spirit was also consistent with the above provisions. But we should pay attention to the retrospective effect of this explanation. Regarding the time effect of criminal judicial interpretation, the "two highs" and the "Provisions on the Application of Time Effect of Criminal Judicial Interpretation" have established the practice of "starting from the old and giving a lighter punishment from the old", stipulating that cases that have been concluded before the implementation of judicial interpretation are not wrong and will not be changed.
Baidu anti-fraud alliance team specially reminded:
Please be alert to all kinds of fake loans and scams that deal with large credit card information published online! All the information released by various online microfinance companies and guarantee companies that you can borrow money or apply for a credit card only with your ID card is basically a low-level scam. No matter whether the company is registered or not, don't believe that the swindler tricked you into signing the fax contract first, and then tricked you into paying insurance premium, first month interest, performance fee, deposit, guarantee fee, loan fee, notarization fee, credit fee, mortgage fee, card opening fee and so on step by step. In the name of insufficient running water in your bank, checking repayment ability or capital verification, you are required to transfer all the funds in your account to the liar's account, or even ask you to apply for a bank card at a designated bank and deposit a certain amount of cash, and then bind the liar's mobile phone number. I didn't know that this method would cheat all the money in your account. If you don't pay the fee as required by the swindler, the swindler will threaten to blacklist you and sue you for breach of contract in the name of signing a contract with them.
Please always remember that it is absolutely fraudulent for the other party to ask you to pay any fees in advance for any reason. Under no circumstances should you remit money, transfer money or pay any fees to others first, so as not to be cheated! Don't believe the threat of any liar. Because the other party is suspected of fraud, the contract signed with the liar has no legal effect and there is no so-called breach of contract. Low-level fraud means that the liar threatens the court to sue for compensation for liquidated damages, which is sheer nonsense. Don't worry.
Therefore, I would like to remind all netizens that microfinance companies cannot lend across regions. Please apply for a credit card at a regular bank. Don't believe such loan or card information released by various online investment and financing guarantee companies and various microfinance companies, especially in big cities such as Beijing, Shanghai, Guangzhou and Shenzhen, which are basically liar companies! If you are cheated, regardless of the amount, please choose to call the police! Such rampant fraud, please also ask local public security organs to vigorously crack down on rectification!
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The subject of loan fraud should be a natural person.
If the loan fraud committed by a unit meets the constitutive requirements of the crime of contract fraud stipulated in Article 224 of the Criminal Law, it shall be convicted and punished for the crime of contract fraud.
What is the crime of loan fraud? What are the manifestations of loan fraud? 1. The crime of loan fraud refers to the act of introducing funds, projects, etc. For the purpose of illegal possession, using false economic contracts, false certificates, false certificates of property rights, repeatedly exceeding the value of collateral, or defrauding banks or other financial institutions of loans in other ways, with a relatively large amount. The crime of loan fraud belongs to a kind of financial crime.
Two, the method used by the actor to defraud the loan mainly has the following manifestations:
(a) to introduce funds, projects and other false reasons to defraud banks or other financial institutions loans.
(two) using false economic contracts to defraud loans from banks or other financial institutions. 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.
(3) defrauding loans from banks or other financial institutions by using false documents. The so-called documents refer to letters, deposit certificates and other documents needed when applying for loans from banks or other financial institutions.
(four) using false proof of property rights to copy or exceed the value of collateral to defraud banks or other financial institutions of loans. 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.
(5) defrauding banks or other financial institutions of loans by other methods, "other methods" means forging the official seal of the unit or sealing it 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 purpose of this item is that no matter what method the perpetrator uses to defraud the loan, he should be investigated for criminal responsibility according to this crime.
What circumstances can be identified as loan fraud 1, fabricating false reasons such as introducing funds and projects to defraud banks or other financial institutions?
Mainly refers to people who lie about foreign investment to defraud bank loans or guarantees; Or lie that a large investment project needs a loan, and obtain the loan amount after defrauding the bank's trust.
For example, a company claims that it has $654.38+000 billion in funds to be deposited in a bank, provided that the bank that accepts the money must pay a certain handling fee first, or issue a certain loan to a designated individual or unit. The purpose of its behavior is to defraud the bank of fees or loans.
2. Using false economic contracts to defraud banks or other financial institutions of loans.
There are several ways to defraud loans from banks or other financial institutions by using false economic contracts:
(1) Using false economic contracts to defraud loans. This behavior is manifested by the actor forging a nonexistent economic contract and defrauding bank loans;
(2) Fraudulent use of altered economic contracts mainly means that the actor changes the original contents of economic contracts by altering, pasting, deleting, etc., so as to increase the loan amount and defraud bank loans;
(3) Fraudulent use of another person's economic contract mainly means that the actor first obtains another person's economic contract through illegal means such as fraud and theft, and then uses the contract to defraud the bank loan.
(4) Fraud by using an invalid economic contract, or an economic contract that has been revoked, dissolved or changed, or an economic contract that has been performed but is invalid; Invalid economic contracts, economic contracts that have been cancelled, dissolved or changed, and economic contracts that are invalid after performance have no legal effect, and loans obtained by using such contracts are still fraud.
3. Using false documents to defraud loans from banks or other financial institutions.
The so-called certification documents refer to the written materials provided by the lender to prove its identity, credit standing and relevant information when applying for loans from banks or other financial institutions. The so-called false certification documents refer to the fact that the above-mentioned relevant materials that can prove their identity and credit ability are false and untrue.
What are the penalties for loan fraud? Punishment standard for the crime of loan fraud: under any of the following circumstances, defrauding banks or other financial institutions of loans for the purpose of illegal possession, if the amount is relatively large, constitutes the crime of loan fraud, and 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 particularly 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 his property shall be confiscated: 1, or he shall fabricate false reasons such as introducing funds and projects; 2. Using false economic contracts; 3. Using false documents; 4, the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; 5. defrauding loans by other means.
How to identify and punish the crime of loan fraud? Under any of the following circumstances, defrauding banks or other financial institutions for the purpose of illegal possession, if the amount is relatively large, constitutes the crime of loan fraud, and the crime of loan fraud 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 particularly 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 his property shall be confiscated: 1, or he shall fabricate false reasons such as introducing funds and projects; 2. Using false economic contracts; 3. Using false documents; 4, the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; 5. defrauding loans by other means. The filing standard of the crime of loan fraud refers to the act of defrauding banks or other financial institutions for the purpose of illegal possession, and the amount is relatively large. Objectively, it is manifested as: (1) 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. According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for the prosecution of economic crime cases, if a loan is defrauded from a bank or other financial institution for the purpose of illegal possession, and the amount is more than 6,543.8+0,000 yuan, it shall be put on file for investigation.
How to identify the crime of loan fraud and how to punish the borrower for applying for a personal loan from the bank, you need to fill in the application form in writing and submit the following materials:
1, my valid identity document;
2. Proof of residential address (household registration book, etc. );
3. Personal professional certificate;
4. Proof of income of the loan applicant and his family members;
5. Other information stipulated by the bank.
The amount standard of loan fraud, how to calculate the amount of loan fraud (1) The standard for determining the amount of loan fraud is the amount actually defrauded by the actor:
A. the amount of fraud is limited to cash;
B. the amount of fraud does not include interest.
(2) If the actor has repayment circumstances, the repayment amount shall be deducted according to the facts: if the actor has repayment behavior, the crime amount shall be determined on the basis of the principal amount that the actor has not actually repaid; The loan interest repaid by the actor cannot offset the principal and is deducted from the crime amount.
A. the repaid principal should not be included in the crime amount;
B. the interest paid cannot be deducted from the crime amount.
(3) The cost of crime cannot be deducted, but should be included in the amount of fraud: agency fees, handling fees, kickbacks, etc. The expenses paid by the actor for financial fraud activities, or for bribery, gift giving, etc. Should be included in the amount of financial fraud.
(4) The amount of fraud in the crime of loan fraud is divided into:
① Large amount: if the amount of personal loan fraud is more than 6,543,800 yuan, it belongs to "large amount";
(2) Huge amount: if the amount of personal loan fraud is more than 50,000 yuan, it is "huge amount";
(3) The amount is extremely huge: if the amount of personal loan fraud is more than 200,000 yuan, it is "extremely huge".
The crime of loan fraud refers to the act of fabricating false reasons such as introducing funds and projects, using false economic contracts, false certificates and false certificates of property rights as guarantees, repeatedly guaranteeing beyond the value of collateral or defrauding banks or other financial institutions of loans in other ways, with a large amount.
The public prosecution organ is the People's Procuratorate of Shangcai County, Henan Province.
Defendant Lu Jianli, male, was born in March 1967. Suspected of committing loan fraud, he was detained by Shangcai County Public Security Bureau on May, 1965 10, and was arrested by Shangcai County Public Security Bureau on the 26th of that month with the approval of Shangcai County People's Procuratorate. Now detained in Shangcai County Detention Center.
Defender Wang Yang, lawyer of Zhou Xiaohua Law Firm.
Shangcai County People's Procuratorate charged the defendant Lu Jianli with the crime of loan fraud in Shangcai Criminal Inspection (20 10) No.254, and filed a public prosecution with our hospital on 20 10/26. Our court formed a collegial panel according to law and heard the case in public. Shangcai County People's Procuratorate appointed procurator Tang Jie to appear in court to support the public prosecution, and defendant Lu Jianli and his defender Wang Yang attended the proceedings. The trial is now over.
The public prosecutor alleged that on May 19, 2006, the defendant Lu Jian borrowed 50,000 yuan from the business department of Shangcai County Rural Credit Cooperatives by using forged loan guarantee procedures. After the loan expired, the defendant Lu Jianli refused to return the loan after repeated reminders from the staff of Shangcai County Rural Credit Cooperative Union.
In response to the above allegations, the public prosecution agency provided corresponding evidence. The public prosecution agency believes that the defendant Lu Jian used false loan guarantee procedures for the purpose of illegal possession to defraud the bank loan of 50,000 yuan, which was huge. His behavior violated the provisions of Article 193 of the Criminal Law of People's Republic of China (PRC), and he should be investigated for criminal responsibility for the crime of loan fraud.