1. What is the sentencing standard for the crime of loan fraud in Article 193 of the Criminal Law? (1) Article 193 of the Criminal Law, whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession under any of the following circumstances, if the amount is relatively large, 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 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 his property shall be confiscated: 1 or he shall fabricate false reasons such as introducing funds and projects; 2. Using false economic contracts; 3. Using false documents; 4, the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; 5. defrauding loans by other means. Subjectively, this crime is intentionally constituted with the purpose of illegal possession. Whether the actor's motive for illegally possessing the loan is to squander enjoyment or transfer concealment does not affect the constitution of this crime. On the other hand, if the actor has no purpose of illegal possession, although he used deception when applying for a loan, it cannot be punished as a crime. Banks can stop issuing loans, recover loans in advance or charge interest on loans according to relevant regulations. (II) According to the spirit of the Minutes of the National Symposium on the Trial of Financial Crimes, which was formed by the Supreme People's Court in Changsha City, Hunan Province from September 20 to 22, 2000, in judicial practice, if an actor illegally obtains funds by fraudulent means, resulting in a large amount of funds that cannot be returned, it can be considered as having the purpose of illegal possession: 1, knowing that he is unable to return. 2. Escape after illegally obtaining funds; 3. defrauding funds at will; 4, the use of fraudulent funds for illegal and criminal activities; 5. Evade, transfer funds or hide property to avoid returning funds; 6. Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds; 7, other illegal possession of funds, refused to return the behavior. However, in dealing with specific cases, if there is evidence that the perpetrator does not have the purpose of illegal possession, it cannot be punished as financial fraud just because the property cannot be returned. Two. Identification of the Crime of Fraud (I) Boundary with Lending Behavior If the borrower fails to repay the loan for a long time, or fabricates a lie or conceals the truth to defraud the money and materials, and cannot repay it at maturity, as long as there is no purpose of illegal possession, no extravagance and waste, no longer cheating or cheating, and there is a real intention to repay it; There are also some people who forge repayment vouchers and lie that they have repaid their debts after they have owed them. This is still a loan dispute and does not constitute fraud. (2) The boundary of avoiding liabilities due to losses. If it is indeed a fund-raising enterprise, but because of poor management, losses and liabilities, or property debt disputes. This is essentially different from fraudsters who abscond with money for the purpose of illegal possession in the name of raising funds to run enterprises. (3) Deception is the boundary between the crime of swindling and cheating, and the latter may also get property benefits, which are the same; But the subjective purpose, criminal means, the amount of property and the object of infringement are all different. The crime of swindling and cheating is aimed at defrauding all kinds of illegal interests, pretending to be a national staff member and implementing swindling and cheating activities. It is an act that damages the prestige of state organs, public interests or the legitimate rights and interests of citizens. It deceives not only property (but not limited to the amount), but also work, position, status, honor and so on. It is a crime of disturbing social management order. Criminals impersonate state functionaries to defraud public and private property, which infringes on property rights and damages the prestige and normal activities of state organs. They are implicated offenders, and should be charged according to the main object and main harmfulness of the act and given a heavier punishment. If the amount of property defrauded is not large, but the prestige of state organs is seriously damaged, it should be punished as the crime of swindling and cheating; Otherwise, it is defined as fraud. If two kinds of objects seriously infringe, they are generally treated as fraud according to the principle of one felony. Two kinds of crimes have been committed independently, and if they are not related to each other, they shall be dealt with according to the principle of combined punishment for several crimes. (IV) Boundary between this crime and other fraud crimes stipulated in this Law This Law stipulates the crimes of fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud and contract fraud in the remaining chapters. These fraud crimes are the same as this crime in subjective and objective aspects, but they are different in subject, criminal means, subject elements and objects, which are easy to distinguish. Therefore, this article stipulates that "if there are other provisions in this law, those provisions shall prevail." Article 193 of the Criminal Law imposes severe punishment on the crime of loan fraud. Whoever defrauds a bank or financial institution of loans for the purpose of illegal possession may be sentenced to fixed-term imprisonment of not more than five years to life imprisonment, a fine of 20,000 to 500,000, and confiscation of property, depending on the amount and seriousness of the case. The general crime of fraud is easily confused with swindling and cheating, and the relevant laws and regulations have also made a detailed distinction.