1. What is the crime of using someone else's ID card to borrow money?
If the circumstances are serious, it may constitute the crime of defrauding loans, the crime of stealing loans from others' identity cards, and the civil tort of infringing on the right to name.
It is illegal to use another person's identity card fraudulently, and a fine of more than 200 yuan and less than 1,000 yuan, or detention for less than 10 days. If there are illegal gains, the illegal gains shall be confiscated. Secondly, borrowing money by using someone else's ID card is a loan fraud. If the circumstances are serious, it can constitute the crime of financial fraud, and the lender will face jail. Finally, borrowing money with someone else's ID card will damage your reputation and destroy the man-machine shutdown. Because, whether it is stealing someone else's ID card or borrowing someone else's ID card, it will cause economic disputes and trust crisis.
Citizens have the right to name, and have the right to decide, use and change their names according to regulations. Interference, misappropriation and fraudulent use are prohibited. If the right to name is infringed, the obligee may demand to stop the infringement, remove the obstruction, eliminate the influence, make an apology, compensate for the losses, etc.
Second, how to punish the disclosure of others' identity information?
Leaking personal privacy may constitute a crime of infringing citizens' personal information, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions. Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions.
If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to regulations.
The crime of fraudulently using other people's ID cards to defraud loans and the disclosure of personal information can also constitute the crime of infringing citizens' personal information. For this crime, it can be sentenced to fixed-term imprisonment of not more than three years. If a unit discloses personal information of citizens, it shall be fined, and the person in charge directly responsible for the unit shall be sentenced to fixed-term imprisonment of not more than three years.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 193 of the Criminal Law of People's Republic of China (PRC).
Under any of the following circumstances, whoever defrauds a bank or other financial institution for the purpose of illegal possession, 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.