The crime of loan fraud refers to the act of fabricating false reasons such as introducing funds and projects, using false economic contracts, false certificates, using false certificates of property rights as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of large loans by other means.

What is the boundary between loan fraud and private lending?

1. If the result of overdue repayment has occurred, it depends on whether the fact that the actor is seriously unable to perform the loan already exists when applying for the loan, and whether the actor is clear. If the reason for the non-performance of the contract is formed after the loan is obtained, or the actor is not fully aware of the non-performance of the contract, even if it is not repaid at maturity, it should not be regarded as loan fraud, but should be treated as a loan dispute.

2. It depends on whether the actor actively uses the loan for the purpose agreed in the loan contract after obtaining the loan. Although the actor can't repay the loan after maturity, if the loan is really used for the designated project, it generally means that the actor has no intention to defraud the loan subjectively and should not be punished as fraud.

3. It depends on whether the actor actively tries to repay the loan after it expires. If the perpetrator only verbally admits the arrears, he has not actively raised funds to prepare for the return, which cannot prove that the perpetrator has no intention of fraud. If you don't break the contract, you don't necessarily have the intention of fraud.

Considering these factors comprehensively, we can draw a correct conclusion. Because the fundamental difference between the crime of loan fraud and the general civil dispute of loan lies in whether the actor subjectively defrauds other people's property, and this purpose is bound to be manifested through certain behaviors. The more and more behaviors that can explain a subjective psychological state, the more obvious the boundary between crime and non-crime.

Legal basis:

Criminal law of the people's Republic of China

Article 193 The crime of loan fraud involves defrauding a bank or other financial institution of a loan for the purpose of illegal possession under any of the following circumstances. If the amount is relatively large, he 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 especially 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 confiscated property:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.