Four Situations of the Crime of Loan Fraud
The crime of loan fraud and the crime of loan fraud are both objectively manifested in the use of deceptive means to defraud loans. The difference lies in whether the perpetrator is subjectively illegal. As for the purpose of possession, if the perpetrator has no subjective purpose of illegal possession, or there is insufficient evidence to prove the purpose of illegal possession, it can only be determined as the crime of fraudulently obtaining loans.
The crime of fraudulently obtaining loans and the crime of transferring loans at high interest rates are both set in the same article of the Criminal Law. Subjectively, neither crime has the purpose of illegally possessing loans, but there are certain similarities in objective behavior. If an actor fraudulently obtains a loan and then re-lends it to others at a high interest rate, his behavior may be consistent with the crime of fraudulently obtaining a loan and the crime of re-lending at a high interest rate. The final choice of which crime to apply must take into account the actor's illegal income and the status of the bank or other financial institution. losses, etc. For those that cause major losses to banks or other financial institutions, the crime of fraudulently obtaining loans is generally chosen to highlight the deceptive nature of the crime and its serious harmfulness to the financial order; if no major losses are caused to banks or other financial institutions, the perpetrator shall be prosecuted through Those who refinance for profit are generally considered to be guilty of refinancing at high interest rates.
The "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Agencies (II)" issued by the Supreme People's Procuratorate and the Ministry of Public Security in May 2010 (hereinafter referred to as the "Regulations (II)" )》)Article 27 stipulates that anyone who obtains a loan by deception in an amount exceeding one million yuan, or obtains a loan by deception that causes a direct economic loss of more than 200,000 yuan to a bank or other financial institution , or if the amount does not reach the above-mentioned standard, but has repeatedly obtained loans by deceptive means, as well as other situations that cause heavy losses to financial institutions or have other serious circumstances (the above referred to as the "four situations"), a case should be filed for prosecution.
Prior to this, the Economic Investigation Bureau of the Ministry of Public Security had taken the lead in issuing the "Reply on the Standards for the Filing and Prosecution of Crimes of Loan Fraud and Illegal Loan Granting" in 2009, and its basic spirit is consistent with the above provisions. . However, attention should be paid to the issue of retroactivity of this explanation. Regarding the time effect of criminal judicial interpretations, the "Provisions on the Application of Time Effect of Criminal Judicial Interpretations" established by the "Two Highs and Highs" is the approach of "following the new if there is no old one, and giving light to the old if there are old ones", and the provisions are for the implementation of judicial interpretations Cases that have been previously handled will not be changed if there are no errors.
The Baidu Anti-Fraud Alliance team specially reminds:
Please be wary of various fake loans and large-amount credit card information scams published on the Internet! All the information released by various small loan companies and guarantee companies on the Internet that you can get a loan or apply for a credit card with just your ID card are basically low-level scams. No matter whether the company is registered or not, don’t believe it. The scammer will first trick you into signing a fax contract. And press your fingerprint, and then they will trick you step by step into paying insurance premiums, paying first month's interest, paying performance fees, deposits, guarantee fees, loan fees, notary fees, credit investigation fees, mortgage deposits, card opening fees, etc., etc. In the name of insufficient bank balance, checking your repayment ability or capital verification, you will be asked to transfer all the funds in your account to the scammer's account. You will even be asked to go to a designated bank to apply for a bank card and deposit a certain amount of cash, and then bind You don't know that this method will defraud you of all the money in your account. If you don't pay the fee as required by the scammer, the scammer will threaten you with the scammer's contract under the pretext that you have signed a contract with them. You are blacklisted, and they threaten to sue you for breach of contract, pay huge liquidated damages, etc. This is really a low-level fraud method and a typical fraud!
Please always remember that any person who asks you to pay any fees first for any reason is an absolute fraud. Under no circumstances should you remit money, transfer money or pay any fees to others first. , to avoid being cheated! Don't believe any threat from the scammer. Since the other party is suspected of fraud, the contract signed with the scammer has no legal effect, and there is no theory of breach of contract. The scammer's low-level fraud method of threatening the court to sue for liquidated damages is completely nonsense. Talk, no need to worry.
Therefore, we would like to remind all netizens that small loan companies cannot lend across regions. Please go to a regular bank to apply for a credit card. Do not believe the information released by various online investment and financing guarantee companies and various small loan companies. This kind of loan or card application information, especially these companies in big cities such as Beijing, Shanghai, Guangzhou, Shenzhen, etc. are basically scam companies! If you are cheated, no matter how big or small the amount is, please call the police! We ask the public security agencies in various places to vigorously crack down on and rectify such rampant fraud!
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Knowledge heroes who are interested in anti-fraud, come and join the anti-fraud alliance team. Please click on the anti-fraud alliance below to apply to join, answer questions and help others together, and make the world free of fraud, it can’t happen without you! The subject of the crime of loan fraud
The subject should be a natural person.
If the loan fraud committed by an entity meets the constituent elements 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.
What is the crime of loan fraud and what are its manifestations
1. The crime of loan fraud refers to the introduction and use of funds, projects, etc. for the purpose of illegal possession. False economic contracts, the use of false documents, the use of false property rights certificates, duplication of more than the value of the collateral, or other methods to defraud banks or other financial institutions for loans of relatively large amounts. Loan fraud is a type of financial crime.
2. The methods used by perpetrators to defraud loans mainly include the following forms:
(1) Introducing funds, projects, etc. to defraud banks or other financial institutions for loans .
(2) Using false economic contracts to defraud banks or other financial institutions for loans. In order to support production, encourage exports, and increase the value of limited funds, banks or other financial institutions sometimes issue loans based on economic contracts. Some criminals forge or use false export contracts or other economic contracts with good short-term production ratios to commit fraud. Loans from banks or other financial institutions.
(3) Using false documents to defraud banks or other financial institutions for loans. The so-called documents refer to documents such as letters and deposit certificates that are required when applying for a loan from a bank or other financial institution.
(4) Using false property rights certificates to obtain loans from banks or other financial institutions by duplicating or exceeding the value of the collateral. The property rights certificate here refers to all documents that can prove that the perpetrator has ownership of real estate such as houses or movable assets such as cars, currency, and notes that can be redeemed at any time.
(5) Using other methods to defraud banks or other financial institutions for loans. The "other methods" here refer to forging the company's official seal or seal to defraud loans; using fake currency as collateral to defraud loans; Using fraudulent means to refuse to repay the loan after taking out a loan, etc. This item means that no matter what method the perpetrator uses to defraud loans, he must be held criminally responsible according to this crime. What situations can be considered as loan fraud?
1. Making up false reasons such as introducing funds and projects to defraud banks or other financial institutions for loans.
Mainly refers to those who falsely claim to have foreign investment to defraud banks for loans or guarantees; or falsely claim to have large-scale investment projects that require loans, and obtain the loan amount after defrauding the trust of banks.
For example, a company claims that it has 10 billion U.S. dollars of funds that must be deposited in a bank, provided that the bank that accepts the money must first pay a certain handling fee or issue a certain loan to a designated individual or unit. The purpose of their behavior is to defraud banks of fees or loans.
2. Use false economic contracts to defraud banks or other financial institutions for loans.
The main ways of using false economic contracts to defraud banks or other financial institutions for loans are as follows:
(1) Using false economic contracts to defraud loans. It manifests as the perpetrator forging a non-existent economic contract to defraud in order to obtain a bank loan;
(2) Using altered economic contracts to commit fraud mainly refers to the perpetrator's manipulation of a certain economic contract. The contract is altered, pasted, trimmed, etc. to change the original content of the contract, thereby achieving the purpose of increasing the loan amount and defrauding bank loans;
(3) Using other people’s economic contracts to commit fraud mainly refers to the perpetrators First, obtain other people's economic contracts through illegal means such as fraud or theft, and then use the contracts to defraud bank loans.
(4) Using an invalid economic contract, or an economic contract that has been revoked, terminated, or changed, or an economic contract that has been performed and is invalid to commit fraud; an invalid economic contract has been revoked, terminated , modified economic contracts, economic contracts that have been completed but become invalid have no legal effect, and loans obtained by using such contracts are still fraudulent.
3. Use false certification documents to defraud banks or other financial institutions for loans.
The so-called supporting documents refer to the written materials provided by the lender when applying for a loan from a bank or other financial institution that can prove its identity, credit ability and related circumstances. The so-called false certification documents refer to the above-mentioned relevant materials that can prove their identity and creditworthiness that are false and untrue. What are the penalties for loan fraud?
Penalty standards for the crime of loan fraud: In one of the following circumstances, for the purpose of illegal possession, defrauding banks or other financial institutions of loans, if the amount is relatively large, it constitutes the crime of loan fraud, and the crime of loan fraud shall be punished by five to fixed-term imprisonment of not less than 10 years and not more than 10 years of fixed-term imprisonment or criminal detention, and to a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence is to not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. Fines; if the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: 1. Whoever fabricates false reasons for introducing funds, projects, etc. ; 2. Using false economic contracts; 3. Using false certification documents; 4. Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral; 5. Using other methods to defraud loans. How to identify the crime of loan fraud, and how to punish it if it constitutes the crime of loan fraud
Under any of the following circumstances, defrauding banks or other financial institutions of loans for the purpose of illegal possession, and the amount is relatively large, constitutes the crime of loan fraud. Whoever commits the crime of loan fraud 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 10 years, and shall also be fined not less than 50,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated: 1. Fabricating the introduction of funds, Project and other false reasons; 2. Using false economic contracts; 3. Using false certification documents; 4. Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral; 5. Using other methods to defraud loans. . The crime of loan fraud refers to the act of defrauding banks or other financial institutions of large amounts of loans for the purpose of illegal possession. The objective manifestations are: (1) fabricating false reasons for introducing funds, projects, etc.; (2) using false economic contracts; (3) using false certification documents; (4) using false property rights certificates as guarantees or exceeding the amount of collateral Duplicate guarantee of value; (5) Fraudulent loans through other methods. According to the "Regulations on the Prosecution Standards for Economic Crime Cases" by the Supreme People's Procuratorate and the Ministry of Public Security, anyone who defrauds a bank or other financial institution of a loan of more than 10,000 yuan for the purpose of illegal possession shall be investigated.
How to identify the crime of loan fraud and how to punish the crime of loan fraud
To apply for a personal loan from a bank, a borrower must fill in a written application form and submit the following information:
1. My valid identity Documents;
2. Proof of residential address (household register, etc.);
3. Personal professional certificate;
4. Personal information of the loan applicant and his family members Proof of income;
5. Other information required by the bank. The amount standard for the crime of loan fraud, how to calculate the amount of loan fraud
(1) The standard for determining the amount of fraud for the crime of loan fraud is the amount actually defrauded by the perpetrator:
A. Amount of fraud Cash only;
B. The amount of fraud does not include interest.
(2) When the offender has circumstances of repayment, the amount returned shall be deducted from the actual amount: when the offender repays the loan, the amount of the crime shall be determined based on the actual amount of principal that has not been repaid by the offender; The loan interest repaid by the perpetrator cannot be offset against the principal and deducted from the crime amount.
A. The principal that has been repaid should not be included in the crime amount;
B. The interest that has been paid cannot be deducted from the crime amount.
(3) The cost of crime cannot be deducted and should be included in the amount of fraud: for intermediary fees, handling fees, kickbacks, etc. paid by actors to carry out financial fraud activities, or used for bribes, gifts, etc., The amount of crime that should be included in the crime of financial fraud
(4) The amount of fraud in the crime of loan fraud is divided into:
① Large amount: the amount of loan fraud committed by an individual is more than 10,000 yuan
② Huge amount: If an individual commits loan fraud with an amount of more than 50,000 yuan, it is classified as "huge amount";
③ The amount is particularly huge: If the amount of loan fraud committed by an individual exceeds 200,000 yuan, it is classified as "especially huge amount." Cases of the crime of loan fraud
The crime of loan fraud refers to fabricating false reasons for introducing funds, projects, etc., using false economic contracts, using false certification documents, and using false property rights certificates for the purpose of illegal possession. Guaranteeing, repeating guarantees exceeding the value of the collateral, or using other methods to defraud banks or other financial institutions in obtaining loans of relatively large amounts.
The public prosecution agency is the People’s Procuratorate of Shangcai County, Henan Province.
The defendant Lu Jianli, male, born in March 1967. On suspicion of committing loan fraud, he was criminally detained by the Shangcai County Public Security Bureau on May 10, 2010. With the approval of the Shangcai County People's Procuratorate, he was arrested by the Shangcai County Public Security Bureau on the 26th of that month. He is currently detained at Shangcai County Detention Center.
Defender Wang Yang is a lawyer at Henan Zhou Xiaohua Law Firm.
The Shangcai County People’s Procuratorate accused the defendant Lu Jianshe of committing loan fraud in Indictment No. 254 of Shangcai County Criminal Indictment (2010), and filed a public prosecution with this court on October 26, 2010. This court formed a collegial panel in accordance with the law and heard the case in public. The Shangcai County People's Procuratorate assigned prosecutor Tang Jie to appear in court to support the prosecution, and the defendant Lu Jianli and his defender Wang Yang attended the court to participate in the proceedings. The trial is now concluded.
The public prosecution agency alleged that on May 19, 2006, the defendant Lu Jianshe used forged loan guarantee procedures to obtain a loan of 50,000 yuan from the business department of Shangcai County Rural Credit Union. After the loan expired, the defendant Lu Jianshe still refused to repay the loan despite repeated reminders from the staff of Shangcai County Rural Credit Union.
In response to the above accusations, the public prosecution agency provided corresponding evidence. The public prosecution agency believes that the defendant Lu Jianshe used false loan guarantee procedures for the purpose of illegal possession and defrauded a bank loan of 50,000 yuan, which was a huge amount. His behavior violated Article 190 of the Criminal Law of the People's Republic of China and the People's Republic of China. According to the provisions of Article 3, criminal liability shall be investigated for the crime of loan fraud.