The amount of fraudulent loans is more than 1 million yuan, or the amount of direct economic losses caused by fraudulent loans to banks or other financial institutions is more than 200,000 yuan, or it does not meet the above-mentioned amount standards.
However, in cases where loans have been obtained by deception for many times, causing heavy losses to financial institutions or other serious circumstances (hereinafter referred to as "four cases"), cases should be filed for prosecution.
One of the crimes stipulated in Article 175 of the Criminal Law, whoever obtains a loan, bill acceptance, letter of credit or guarantee from a bank or other financial institution by deception, thus causing heavy losses to the bank or other financial institution or having other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Extended data:
Crime of defrauding loans:
A man in Mudan District is in urgent need of money for business partnership. Because he has a loan under his name, he can't apply again. So he arranged for his father to forge relevant documents in the name of buying a car and borrow 200,000 yuan from a financial institution in Heze. Loans overdue, whose father was unable to repay, was recently arrested by the procuratorate on suspicion of defrauding loans.
According to the police of Economic Investigation Brigade of Peony Branch of Heze City Public Security Bureau, on June 7th, 20 12, Li Qiang (pseudonym) was in urgent need of money to do business in partnership with others. However, the loan of nearly 50,000 yuan under his name has not been paid off, so he can't apply for a loan again, so he turned to his father Li Shenwu (a pseudonym) for help.
After graduating from junior high school, Li Shenwu has been farming at home and once ran a passenger transport business. In 2008, he bought a bus with the license plate number R05XXX in partnership with three other people. At that time, the owner's registration information was Xu among the three partners, and the vehicle was attached to a company in Heze.
20 1 1 In June, Li Shenwu and three partners agreed to sell it to Zhang at the price of130,000 yuan, which was operated by Zhang himself. At this time, the car has nothing to do with Li Shenwu.
Li Qiang thought that his father had experience in passenger transport and it should be easy to get a loan from the bank, so Li Qiang arranged for his father to apply for a loan of 200,000 yuan in a financial institution in Heze in the name of buying a bus.
When handling the loan, Li Shenwu provided his unified invoice for motor vehicle sales, driving license (license plate Lu R05XXX), a certificate from a transportation company (all forged after verification) and information of three guarantors.
According to the investigation by the external auditor of this financial institution, the credit period is from June 2065438 19 to June 2065438 18. On June 29th, 20 12, financial institutions gave Li Shenwu a loan of 200,000 yuan, and he gave all the money to his son Li Qiang for use. On June 28th, 20 13, Li Shenwu repaid the principal of 200,000 yuan and interest.
After repayment, Li Shenwu applied for a loan again. During the credit granting period, on July 2, 20 13, the financial institution granted it a loan of 200,000 yuan again, with the term from July 2, 20 13 to June 2, 20 14.
However, after the loan expired, Li Qiang's operating capital was in difficulty and he failed to pay the loan principal and interest to his father. Until September 5, 20 14, loans overdue. Li Shenwu was recently arrested by the police for refusing to repay the principal and interest.
People's Daily Online-Laozi's loan son failed to repay his father after the deadline and was arrested for allegedly defrauding the loan.
Baidu encyclopedia-crime of defrauding loans