Is it illegal to use someone else’s ID card to get a loan?

Legal analysis: It is illegal to use someone else’s ID card to get a loan.

First of all, according to the provisions of the "Resident Identity Card", it is illegal to use other people's resident identity cards illegally, and will be fined not less than 200 yuan but not more than 1,000 yuan, or detained for not more than ten days. Yes, illegal gains shall be confiscated.

Secondly, using someone else’s ID card to take out a loan is a loan. If the circumstances are serious, it can constitute a financial crime and the lender will face jail time.

Finally, using someone else’s ID card for a loan will damage your reputation and damage your personal and organizational structure. Because whether you steal someone else's ID card to get a loan or borrow someone else's ID card to get a loan, it will cause an economic and trust crisis.

National laws are relatively strict on the management of ID cards. There are regulations that cannot be lent to others at will. If you intentionally lend it to others for criminal or financial purposes, you will have to bear the corresponding consequences.

Legal basis: Article 35 of the "Commercial Bank Law of the People's Republic of China" Commercial bank loans shall strictly examine the borrower's purpose of borrowing, repayment ability, repayment method, etc. . Commercial bank loans should implement a system of separation of review and loan and hierarchical review and approval.

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever, under any of the following circumstances, conducts credit card activities and the amount is too large shall be sentenced to not more than five years or criminal detention, and shall also be fined 20,000 yuan If the amount is huge or there are other serious circumstances, the penalty shall be not less than five years but not more than ten years, and a fine of 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, the sentence shall be not less than 10 years or more, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated:

(1) Using a counterfeit credit card

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Is it illegal to use someone else’s ID card to borrow money online?

It is illegal to use someone else’s ID card to borrow money online. Generally speaking, it is illegal to use someone else’s ID card fraudulently, but using someone else’s identity illegally If the circumstances are serious, it may constitute a loan crime, and you will be subject to criminal penalties and may be imprisoned. Legal basis: Article 193 of the Criminal Law of the People's Republic of China and the People's Republic of China. Under any of the following circumstances, if a loan from a bank or other financial institution is made for the purpose of illegal possession and the amount is relatively large, he shall be punished by a fine of not more than five years or more. Criminal detention, and 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 not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other serious circumstances For other particularly serious circumstances, the offender shall be sentenced to not less than ten years or fined not less than 50,000 yuan but not more than 500,000 yuan, or his property may be confiscated: (1) Making up 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) Loans by other methods.

The consequences of using someone else’s ID card to get a loan

1. The consequences of using someone else’s ID card to get a loan:

1. Using someone else’s ID card to apply for a loan is a serious Even if you repay the loan on time while using the fake loan, you will be severely punished by the law.

2. Debts and lawsuits. Generally speaking, many people borrow ID cards without knowing the seriousness of the loan. If an individual finds out that they have been loaned, they will be in debt. At this time, they will file a lawsuit with the bank.

2. Is it illegal to use someone else’s ID card to get a loan?

It is illegal to use someone else’s ID card to borrow money. First of all, according to the provisions of the “Resident Identity Card”, it is illegal to use someone else’s resident ID card fraudulently and will be fined not less than 200 yuan but not more than 1,000 yuan, or He shall be detained for not more than ten days, and if he has any illegal gains, his illegal gains shall be confiscated.

Secondly, using someone else’s ID card to take out a loan is a loan. If the circumstances are serious, it can constitute a financial crime and the lender will face jail time.

Finally, using someone else’s ID card for a loan will damage your reputation and damage your personal and organizational structure. Because whether you steal someone else's ID card to get a loan or borrow someone else's ID card to get a loan, it will cause an economic and trust crisis.

National laws are relatively strict on the management of ID cards. There are regulations that cannot be lent to others at will. If you intentionally lend it to others for criminal or financial purposes, you will have to bear the corresponding consequences.

Is it illegal to use someone else’s ID card to apply for a loan?

Mistaking someone else’s ID card to get a loan constitutes a civil infringement of the right to name. If the circumstances are serious, it may constitute the crime of fraudulently obtaining loans.

1. According to Article 17 of the "Resident Identity Card Law", whoever commits any of the following acts shall be fined not less than RMB 200 but not more than RMB 1,000 by the public security organs, or detained for not more than ten days. It is illegal. Any illegal gains obtained shall be confiscated.

(1) Pretending to use another person’s resident identity card or using a fraudulently obtained resident identity card.

(2) Buying, selling, or using forged or altered resident identity cards.

2. According to Article 99 of the "General Principles of the Civil Law":

Citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering, misappropriating, Impersonate. If the right of name is infringed, the right holder may request to stop the infringement, remove obstacles, eliminate the impact, apologize, compensate for damage, etc.

3. One of the various crimes stipulated in Article 175 of the "Criminal Law":

"Obtaining loans, bill acceptances, letters of credit, and letters of guarantee from banks or other financial institutions by deceptive means etc., who cause serious losses to banks or other financial institutions or have other serious circumstances, shall be sentenced to not more than three years or criminal detention, and shall also or solely be fined.

Whoever causes particularly heavy losses to banks or other financial institutions or has other serious circumstances shall be sentenced to a term of not more than three years or short-term imprisonment. If there are other particularly serious circumstances, the sentence will be not less than three years but not more than seven years, and a fine will be imposed. ”

Extended information:

If one’s identity card is used as a loan by others, the individual shall bear the responsibility. The consequences are:

1. Others fail to show up when repaying the loan when it is due

Usually when you are not willing to do so, other people use your ID card to get a loan, and when the loan arrives, When the loan matures, the bank will come to you and ask the individual to repay the loan amount.

2. Debts and lawsuits

If an individual finds that he does not have a loan, but is being loaned, debt will appear. At this time, he will have a dispute with the bank. lawsuit.

3. You repay someone else’s debt and then recover the debt

Usually, due to the lack of strong evidence, even if you file a lawsuit, there is often no chance of winning. In the end, the lawsuit is often lost, and the owner of the ID card will replace the debt. Other people repay the debt, and if the repayment is not made in time, the bank will pursue the debt.

In addition, if someone else uses your ID card to take a loan and fails to repay it on time, you will have information taint. When you want a loan next time, it is easy for the bank to not lend.

Related cases:

1. Case review

From October 2006 to November 2010, Chen repeatedly borrowed 845,000 yuan in the name of others. He falsely used another person's name to guarantee a loan of 900,000 yuan, and planned to defraud a bank loan of 1,745,000 yuan. After Chen obtained the loan through fraud, he used it to develop pedestrian street properties and forest farms.

Hydropower stations, tap water operation and management rights and other investment projects. Before the incident, Chen signed a re-lending agreement with the loan officer and handed over his asset certificate to the loan officer. After the incident, the public prosecution agency prosecuted Chen in accordance with the law after review.

2. Focus of Dispute

In this case, Chen falsely used the name of others to make loans or guarantee loans, causing heavy losses to banks or other financial institutions. Does this behavior constitute the crime of defrauding or obtaining loans? , there are differences.

3. Judgment result

The Xinyang Luoshan County trial held that Chen repeatedly used other people’s names to borrow 845,000 yuan, and used other people’s names to guarantee loans of 900,000 yuan, totaling *** He defrauded a bank loan of 1,745,000 yuan. The circumstances were serious and his behavior constituted the crime of defrauding a bank loan.

Based on the evidence currently found, after Chen obtained fraudulent loans, he did develop investment projects such as pedestrian street real estate, XX Forest Farm, XX Township Hydropower Station, and tap water management rights. Before the incident, Chen signed a re-lending agreement with the loan officer in charge of the loan.

And delivered his asset certificate to the loan officer, which can prove that Chen has the intention to repay the loan. In summary, there is insufficient evidence to determine that Chen subjectively illegally possessed the loan, and he should be classified as guilty of fraudulently obtaining a loan.