Criminal liability for malicious overdraft: 6,543,800 yuan or more can be sentenced to indefinite period.
Quantitative and qualitative criminal responsibility
1 10,000 ~ 1 10,000 yuan is relatively large, and it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
And impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.
10000 ~ 1000000 yuan, if the amount is huge, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
And impose a fine of not less than 50 thousand yuan but not more than 500 thousand yuan.
If the amount of 654.38+0 million yuan is extremely huge, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment.
And impose a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.
The crime of loan fraud (article 193 of the Criminal Law) refers to the act of fabricating false reasons such as introducing funds and projects for the purpose of illegal possession, using false economic contracts, false certification documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans or a large amount by other means. The crime of loan fraud belongs to a kind of financial crime.
Article 50 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II) jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security clearly stipulates that anyone who defrauds a bank or other financial institution for the purpose of illegal possession shall file a case for prosecution. Therefore, in China's current judicial practice, the standard of "large amount" of the crime of loan fraud should be 20,000 yuan, while the standards of "huge amount" and "extremely huge amount" have been implemented in accordance with Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, that is, the amount of personal loan fraud is "huge amount" and the amount of personal loan fraud is more than 200,000 yuan.
Article 193 of the Criminal Law stipulates that under any of the following circumstances, Article 193 defrauds banks or other financial institutions of loans for the purpose of illegal possession, and if the amount is relatively large, 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 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.
Both husband and wife should pay it back.