The standard for filing a case for malicious loan fraud is that anyone who maliciously defrauds a bank loan of more than 10,000 yuan through false means needs to be held criminally responsible.
Legal Analysis
If a person defrauds a loan of more than RMB 1 million or causes a bank loss of more than RMB 200,000, or defrauds a loan multiple times, or causes significant losses to a financial institution, etc., the person shall File a case for prosecution. Malicious loan fraud refers to malicious overdraft and application for the purpose of illegal possession, and the overdraft is still not repaid after two effective calls from the card issuer, and the overdue amount is greater than 50,000 yuan. It will constitute a malicious overdraft. Among them, malicious overdraft refers to: using other people’s information to apply for credit cards or loans, using false information to apply for credit cards and loans, and then making overdrafts, and instigating others to apply for credit cards and then making malicious overdrafts. Only when the above conditions are met, it is considered malicious loan fraud. Then a bank or financial institution can choose to call the police, and then the police station will open a case for investigation. If this situation does exist, they will arrest you and take a transcript for questioning. Of course, most debtors do not commit malicious loan fraud. Because inability to repay and malicious overdraft are two different things. False information generally refers to malicious overdraft after using someone else to apply for a credit card loan without the person's consent. In addition, the company information and personal information filled in are all false and untrue. Then this also constitutes loan fraud.
Legal Basis
Article 193 of the "Criminal Law of the People's Republic of China" includes one of the following circumstances: defrauding banks or other financial institutions for the purpose of illegal possession If the loan amount is relatively large, the person 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 but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly 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 have his property confiscated: (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 repeating guarantees exceeding the value of the collateral ; (5) Using other methods to defraud loans.