Legal analysis:

Generally, it will not be suspected of fraud, but if it is deliberately not returned, it may be suspected of fraud. If a lending institution or bank fails to fulfill the court judgment during the performance period after winning the lawsuit in court, it will apply to the court for enforcement. When accepting compulsory enforcement, the court will inquire about the properties, vehicles, securities and deposits in the name of the lender in accordance with the law. If the lender has no property available for execution and refuses to fulfill the court's effective judgment, negative information such as overdue repayment will be recorded in the individual's credit report and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention. If the person has the ability but refuses to execute the sentence, he is suspected of refusing to execute the judgment or ruling.

Legal basis: "Criminal Law of the People's Republic of China"

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, Criminal detention or public surveillance, together with or solely a fine of a huge amount or other serious circumstances, shall be punished with a fixed-term imprisonment of not less than three years but not more than ten years; if the fine amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment , and shall be fined or property confiscated. If this law provides otherwise, the provisions shall prevail.

Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined if the amount is huge or there are other serious circumstances. , shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

1. The constituent elements of the crime of fraud are as follows:

1. The object of this crime is the ownership of public and private property.

2. This crime objectively manifests itself as using fraudulent methods (fabricating facts or concealing the truth) to defraud large amounts of public or private property.

3. The subject of this crime is a general subject.

4. The subjective aspect of this crime is intentionality.

2. Characteristics of the crime of fraud:

1. The object of the infringement is the ownership of public or private property. The object of the infringement is limited to the property of the country, collective or individual, rather than defrauding other people. Illegal benefits.

2. In terms of objective aspects, it manifests itself as the use of deception, that is, the use of deceptive methods to fabricate facts or conceal the truth, causing the property owner and manager to create illusions and believe them to be true, so that they seem to "voluntarily" hand over the property. In fact, this kind of "voluntariness" is caused by being deceived by criminals and does not come from the victim's true wishes.

3. In the subjective aspect, it should be directly intentional and have the purpose of illegally possessing public and private property. The use of deceptive means with the intention of short-term possession of public and private property, returning it if you chase it, and delaying it if you don't chase it, generally should not be treated as a crime.