Illegal lending constitutes the crime of illegal lending. Only if an individual illegally borrows and causes economic losses of more than 500,000 yuan will he be deemed to constitute this crime. However, if the unit has illegal lending behavior, the amount needed at this time is more than 6.5438+0 million yuan to constitute this crime. Illegal lending refers to that some bank or other financial institution staff take advantage of the convenience of handling deposit-taking business and issuing loans, accept depositors' deposits and issue certificates of deposit, but the funds are not recorded and used for personal business activities, or illegally borrow huge amounts of funds as collateral in the name of banks, or lend privately after absorbing deposits at high interest rates.
The criminal law does not stipulate the crime of individual illegal lending, but stipulates the crime of usury. If the actor borrows the credit funds of financial institutions for the purpose of lending money to others, and the amount of illegal income is large, it can be considered as constituting this crime. Generally, the perpetrator is sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
The criteria for filing the crime of illegal lending are as follows:
(1) The subject of the crime is the staff of a bank or a strange financial institution;
(2) In violation of state regulations, it doesn't matter how many loans are normally issued;
(3) If it is sent to related parties, it should be dealt with seriously.
Legal basis:
Opinions on Several Issues Concerning Handling Criminal Cases of Illegal Lending came into effect on 20 19 10 2 1. Illegal lending before the implementation of this opinion shall be handled in accordance with the Supreme People's Court's Notice on Accurate Understanding and Application of State Provisions in Criminal Law (Fa Fa [201]No. 155).
Article 225 of the Criminal Code of People's Republic of China (PRC).
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.