(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.
As the judicial interpretation of laws and regulations changes every year, lawyer Su Yifei will update the sentencing standard of this crime once a year on this website page:
(20 10) regulations of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing criminal cases under the jurisdiction of public security organs (2)
Article 50 [Loan Fraud (Article 193 of the Criminal Law)] 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.
(200 1) Summary of the Symposium on the Trial of Financial Crimes by National Courts
2. Identification and treatment of loan fraud. Loan fraud is one of the most common financial fraud crimes at present. In the trial of loan fraud cases, we should pay attention to the following two issues:
First, the unit cannot constitute the crime of loan fraud. According to the provisions of Articles 30 and 193 of the Criminal Law, the unit does not constitute the crime of loan fraud. For the loan fraud committed by the unit, it cannot be convicted and punished for the crime of loan fraud, nor can the directly responsible person in charge and other directly responsible personnel be investigated for criminal responsibility. However, in judicial practice, if a unit obviously deceives banks or other financial institutions by signing and performing loan contracts for the purpose of illegal possession, which 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.
Second, we must strictly distinguish between loan fraud and loan disputes. After legally obtaining the loan, if the loan is not used according to the prescribed purpose and the loan is not returned at maturity, it cannot be convicted and punished for loan fraud; There is indeed evidence to prove that the actor did not have the purpose of illegal possession, obtained the loan by deception because he did not have the loan conditions, and was able to fulfill the repayment obligation at the time of committing the crime, or could not repay the loan at the time of committing the crime due to reasons beyond his will, such as mismanagement, fraud, market risk, etc. And should not be convicted and punished for loan fraud.
(2020) the Supreme People's Procuratorate's opinion on giving full play to procuratorial functions to ensure "six guarantees" and "six guarantees"
The second is to handle loan crime cases prudently according to law. When handling criminal cases such as defrauding loans, we should fully consider the actual situation of "financing difficulties" and "expensive financing" of enterprises, pay attention to whether the deception adopted by borrowers belongs to obvious fictional facts or conceals the truth, collude with bank staff, be instructed by them, illegally influence the bank's lending decision, endanger the security of credit funds, and cause heavy losses, so we should reasonably judge the harmfulness of their actions, and don't demand borrowers such as enterprises. For the borrower due to the needs of production and operation, although there are violations in the process of loan, but did not cause actual losses, generally not as a crime. If the borrower obtains a loan by deception, although it causes losses to the bank, but the evidence is not enough to determine that the borrower has the purpose of illegal possession, it cannot be characterized as loan fraud.
(20 12) opinions of Zhejiang higher people's court on the circumstances and amount standards of conviction and sentencing for some crimes.
4 1. article 193 of the criminal law: the crime of loan fraud
If the amount of loan fraud is more than 20,000 yuan but less than 200,000 yuan, it is a "relatively large amount", and it 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 of loan fraud is more than 200,000 yuan but less than 6,543.8+0,000 yuan, it is a "huge amount", and it is sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan.
If the amount of loan fraud is more than 6.5438+0 million yuan, it belongs to "extremely huge amount", and it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.