Conditions for fraudulently obtaining loans
The crime of fraudulently obtaining loans must meet the following conditions: 1. The perpetrator has the subjective intention to defraud financial institutions. It should be noted that the understanding of deceptive methods should not be too broad, such as the perpetrator fabricating false credit certificates, fund uses, collateral values ??and other false materials. 2. Objectively defrauding financial institutions of loans or financial instruments. Banks or other financial institutions only conclude that the amount of non-performing loans has formed and should not be deemed to be a significant economic loss. "3. Causing significant losses to financial institutions. Article 175-1 of the Criminal Law: Obtaining loans, bill acceptances, letters of credit, and letters of guarantee from banks or other financial institutions by deceptive means, causing major losses to banks or other financial institutions. Whoever causes losses to a bank or other financial institution or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also or solely 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 and not more than seven years, and shall also be fined or fined. A fine shall be imposed alone. If the unit commits the acts mentioned in the preceding paragraph, the unit shall be fined, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
What is the Loan?
What are the forms of loan crime?
Loan crime refers to the purpose of illegal possession, fabricating false reasons for introducing funds, projects, etc., using false economic contracts, using false certification documents, using False property rights certificates are used as guarantees, repeated guarantees exceed the value of the collateral, or other methods are used to obtain loans from banks or other financial institutions for relatively large amounts.
1. Making up false reasons for introducing funds, projects, etc., to defraud. Loans from banks or other financial institutions. This situation has happened frequently in recent years. In Shanghai alone, dozens of false investment cases occur every year. The perpetrators usually forge huge amounts of funds from a foreign consortium or "patriotic overseas Chinese in the United States." They used their huge personal deposits to obtain loans from a bank on preferential terms, thereby defrauding the bank of loans and handling fees. In addition, many criminals fabricated good investment projects to defraud banks and other financial institutions.
2. Use false economic contracts to apply for 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 have to issue loans based on economic contracts. Some criminals forge or use them. False export contracts or other economic contracts that are more efficient than production in the short term can defraud banks or other financial institutions for loans. For example, the criminal Zhang forged a company's export supply contract and applied for a bank in Shanghai with a false contract. Loan several million yuan and abscond with the money.
3. Use false certification documents to apply for loans from banks or other financial institutions. The so-called certification documents refer to applying for loans from banks or other financial institutions with letters of guarantee, deposit certificates, etc. For example, a company uses a bank insider to issue a false deposit certificate and borrows several million yuan from another bank.
4. Use a false certificate of title as a guarantee or exceed the collateral. Duplicate guarantees of value to obtain loans from banks or other financial institutions. The property rights certificate here refers to all documents that can prove the perpetrator's ownership of real estate such as houses or cars, currencies, and movable bills that can be exchanged at any time. For example, the criminal Zhang Mou. Using a forged real estate certificate of a housing development company as collateral to defraud a bank loan of more than one million yuan
5. If you obtain a loan from a bank or other financial institution through other methods, "other methods" in this article refer to it. Forging the company's official seal or seal to defraud loans; using counterfeit currency as collateral to defraud loans; borrowing money first and then using deceptive means to refuse repayment, etc. The spirit of this provision is that no matter what method the perpetrator uses to defraud a loan, he should be investigated for criminal liability in accordance with this crime.
Common means of loans
Common means of online loans mainly include the following types:
1. Freeze the loan funds on the grounds of a bank error and require the customer to pay an unfreezing fee to unfreeze the loan funds; or directly require the customer to pay a deposit. In fact, after the customer hands over the money, it is very likely that the platform is actually charging "beheading" in disguise. "Interest", even if the money is later released, the customer's previous fees will not be refunded.
2. After becoming a member, you can pass the loan smoothly through the approval slogan and collect the membership fee. In fact, after the customer pays to become a member, the loan may not be approved, but the membership fee will not be refunded.
3. In order to confirm the repayment ability, the customer is required to transfer a sum of money to the bank card bound to the platform, and then lend it. However, after the customer recharges the money, the other party may not lend the money and directly deduct the money from the card and "run away".
4. When the repayment date is approaching, the repayment channel is deliberately locked so that customers cannot repay on time, thus charging high penalty interest.
5. Under the guise of "daily interest rates as low as XX", deceive customers into taking loans, and finally lend at high interest rates.
1. The crime of loan refers to the act of obtaining a large amount of loan from a bank or other financial institution by deception for the purpose of illegal possession.
2. There is a special relationship between the crime of loan and the crime of fraudulently obtaining loans. Even those who use deceptive methods to defraud a loan from a financial institution are guilty of the crime of defrauding the loan. However, if the perpetrator has the purpose of illegal possession, it should be found to be the crime of loan. When determining the purpose of illegal possession, in addition to examining the means of the behavior, the following factors also need to be considered: whether the loan is used according to the purpose of the loan after obtaining it; whether the loan is used to carry out illegal and criminal activities; whether the loan is absconded with the money; whether the loan is actively prepared to repay when it expires Payment etc. Anyone who has any of the following circumstances shall be deemed to have the purpose of illegal possession: (1) borrowing money in the name of another person; (2) absconding with the money after taking the loan; (3) failing to use the loan according to the purpose of the loan , but used for squandering, causing the loan to be unable to be repaid; (4) changing the purpose of the loan and using the loan for high-risk economic activities, causing significant economic losses, resulting in the inability to repay the loan; (5) changing the purpose of the loan in order to seek improper benefits , causing significant economic losses and resulting in the inability to repay the loan; (6) using the loan to carry out illegal and criminal activities; (7) concealing the whereabouts of the loan and refusing to repay the loan when it expires; etc. If it cannot be proven that the perpetrator has the purpose of illegal possession, it cannot be punished as a loan crime.
What are the ways to defraud loans with fake mortgages? How do real estate companies defraud loans with fake mortgages
Real estate companies defraud loans in disguised form, which has attracted great attention from the government and society. It was once a common unspoken rule in the real estate industry for companies to obtain fake mortgage loans. What is fake mortgage fraud? How is fake mortgage fraud implemented?
Real estate companies engage in disguised loan fraud, which has attracted great attention from the government and society. It was once a common unspoken rule in the real estate industry for companies to obtain fake mortgage loans. What is fake mortgage fraud? How is fake mortgage fraud implemented?
Types of fake mortgage fraud
There are two main types of "fake mortgages".
One is for developers to find employees, shareholders, relatives and friends of their own company to pretend to be home buyers and fill in actual legal documents such as pre-sale contracts, home purchase contracts, loan contracts, mortgage contracts, etc., and these people and The bank signs a personal housing loan contract and walks away once the loan is made.
The other type is that the developer forges the signature of the borrower and uses fake procedures to apply for a loan from the bank. If the developer fails to repay the loan on time, the "signed" borrower will claim that the contract is invalid on the grounds that he has not actually purchased the house, and bank loans will face great risks.
How to realize fake mortgage fraud?
The history of fake mortgage fraud is the same as the history of China's real estate development. As long as the market was booming in the past, it often appeared as a "white wolf" game, a kind of leverage to leverage funds. There is no evidence of loan fraud; however, behind the current wave of check-outs, the shady curtain of fraud in the real estate market is gradually being revealed. was uncovered. According to surveys, loan fraud has gradually become one of the most harmful and frequent risks in personal housing loans from commercial banks.
Step one: The developer borrows the ID card of the related person to apply for a mortgage loan
The developer finds its own employees or related persons to act as false home buyers, and then borrows their ID cards to apply for the mortgage loan Mortgage Loans. The developer will promise them that the down payment and monthly payment will be provided by the developer, and will give them a "favorite fee" of several thousand yuan.
Step 2: Forge proof of income and contact a lawyer to confirm repayment ability
The developer forged proof of income of these people and contacted a relevant lawyer to issue a legal opinion to certify that these people Have the ability to repay.
Step 3: Use false loan materials to contact the bank to obtain a loan
The developer submits the loan materials to the bank. The bank has staff who have been contacted by the developer in advance. The information submitted by the developer is superficially reviewed, helping the developer to easily obtain a loan of 80%, because the developer will give them a "favorable fee".
Step 4: After obtaining the loan, you will ultimately make profits in two ways
After the developer obtains the loan, there are usually two ways.
One is to sell second-hand houses. Developers use the illusion of hot sales to attract real buyers to buy second-hand houses, and raise housing prices based on the illusion of hot sales, so that developers can make money selling second-hand houses.
Another situation is that after the developer obtains an 80% loan, it is not ready to continue paying monthly payments and waits for the bank to apply for auction. Then make a profit by arranging a form auction.
For example, for a building with 100 units, each unit is worth 500,000 yuan. Through internal subscription, the house is still in the hands of the developer. The developer can get 50 X 70 = 350,000 yuan from the bank. You only need to take out 50,000 yuan, a mortgage of more than 10,000 yuan per year, and pay it back slowly by yourself, which will be enough for 4 years. The developer can hold 300,000 X 50 = 15 million in cash. The cash is enough for them to continue to advance various expenses and even roll into the next building.
Beijing’s largest fake mortgage fraud case: Senhao Apartment Case
In early 2005, it was revealed that the Beijing Senhao Apartment project had teamed up with real estate developers and bank employees to create fake mortgages and defrauded the bank of 7.5 Hundreds of millions of yuan in mortgage funds, and more than 10 people were arrested one after another.
In September 2007, three bank loan employees involved in the case were sentenced for dereliction of duty by state-owned enterprise personnel.
In September 2007, three bank loan employees involved in the case were sentenced to fixed-term imprisonment for dereliction of duty by state-owned enterprise personnel.
In this 1.55 billion yuan case, Zou Qing and others fabricated the sales of Senhao and Huajing apartments and defrauded bank loans, which attracted widespread attention.
Fabricated the sales facts of Senhao Apartments and Huaqing Apartments developed by the company, signed false commercial housing sales contracts with house buyers, forged income certificates, down payment certificates and other loan materials for the house buyers, and used the house purchase By signing a personal mortgage loan contract with the Beijing Branch of the Bank of China in his own name and applying for a mortgage loan, he defrauded the Beijing Branch of the Bank of China of 644 million yuan and 107 million yuan twice. The Beijing Branch of the Bank of China defrauded the Beijing Branch of the Bank of China of 644 million yuan and 107 million yuan twice on the pretext of applying for a mortgage loan under a personal mortgage loan contract.
A lawyer told reporters that the "karate" technique used by developers, banks, lawyers, and fake home buyers to defraud housing loans has been widely used in the real estate industry: developers have artificially raised housing prices. , and then pretended to be house-purchasing customers by company employees and other relatives, and defrauded banks of high loan amounts through false sales. Developers are huge in the real estate industry. Developers use inflated housing prices as the benchmark ratio for mortgage loans and pocket cash higher than the actual housing prices.
The loan scam committed by developers and others is divided into the following three steps: In the first step, Huayunda fabricated non-existent home buyers and created false sales facts. From the identity of the home buyer, the sales contract, to the down payment certificate and income certificate, they are all false. In the second step, two law firms issued seriously inaccurate legal opinions proving that the loan applicant had the ability to repay the principal and interest of the loan. In the third step, the bank's "insider" with real power responded internally, and there was no obstacle to loan approval, so the loan fraud was successfully implemented
With the good relationship accumulated with the bank, Zou Qing designed a thrilling plan . After being suspended for two years, Senhao Apartments suddenly opened to the public with a high profile and once set a sales record at the time. Soon, Senhao Apartments was announced to be sold out.
But the fact is that through a series of operations, Zou Qing mobilized more than 200 people to falsely purchase houses and defrauded 645 million yuan in mortgage loans from the Bank of China Beijing Branch. In the Senhao case, the public prosecution agency arrested the first three main persons responsible and at the same time eliminated all the false home buyers. "All the house purchase contracts signed were **** 199, and the number of houses sold was 250. None of the houses purchased were genuine.
That's all for talking about how to defraud bank loans.