According to Article 193 of the Criminal Law of the People's Republic of China,
under any of the following circumstances, whoever defrauds a bank or other financial institution for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, fined not less than 5, yuan but not more than 5, yuan or confiscated property:
(1) fabricating false reasons such as introducing funds and projects.
(2) using a false economic contract;
(3) using false certification documents;
(4) using false property rights certificates as collateral or repeatedly mortgaging over the value of collateral;
(5) defrauding loans by other means.
Extended information
According to the spirit of the Minutes of the Symposium on the Trial of Financial Crimes in National Courts, which was formed by the Symposium on the Trial of Financial Crimes in National Courts held by the Supreme People's Court in Changsha City, Hunan Province from September 2 to 22, 2, the perpetrator illegally obtained funds through fraud, resulting in a large amount of behavior. Illegally obtaining funds by fraud, resulting in a large amount of funds that cannot be returned, can be considered as having the purpose of illegal possession under any of the following circumstances:
(1) knowingly defrauding huge amounts of funds without the ability to return;
(2) fleeing after illegally obtaining funds;
(3) wantonly squandering the defrauded funds;
(4) using fraudulent funds for illegal and criminal activities;
(5)
(6) using fraudulent funds to engage in illegal and criminal activities; And using funds for illegal and criminal activities;
(5) Evading, transferring funds or concealing property to avoid returning funds;
(6) concealing or destroying accounts, or engaging in false bankruptcy or false closure to avoid returning funds;
(7) other illegal possession of funds and refusal to return them. However, when dealing with specific cases, if there is evidence that the perpetrator does not have the purpose of illegal possession, it cannot be simply punished as financial fraud 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, individuals who commit loan fraud with an amount of more than 1, yuan are considered as "large"; If the amount of personal loan fraud is more than 5, yuan, it is a "huge amount"; If the amount of personal loan fraud is more than 5, yuan, it is a "huge amount"; If the amount of personal loan fraud is more than 2, yuan, it is a "particularly huge amount".
wen county Public Security Bureau Network-"China People * * *, National Criminal Law"