Under any of the following circumstances, a case may be filed for investigation: 1. Individuals illegally lend more than 2 million yuan, and units illegally lend more than100000 yuan; 2. The amount of illegal income of individuals is more than 800,000 yuan, and the amount of illegal income of units is more than 4 million yuan; 3. Individuals illegally lend more than 50 people, and units illegally lend more than 150 people; 4. Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.
legal ground
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued a circular 1 on opinions on handling criminal cases of illegal lending. In violation of state regulations, without the approval of the regulatory authorities, or beyond the scope of business, for the purpose of making profits, and disrupting the order of the financial market, if the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law. The term "regularly granting loans to unspecified social objects" as mentioned in the preceding paragraph refers to granting funds to unspecified people (including units and individuals) in the form of loans or other names for more than 10 times within two years.
Two, the implementation of illegal lending in accordance with the provisions of Article 1 of this opinion, the actual annual interest rate of more than 36%, under any of the following circumstances, belongs to the "serious circumstances" as stipulated in Article 225 of the Criminal Law, but the actual annual interest rate of a single illegal lending behavior does not exceed 36%, not included in the conviction and sentencing:
(a) the cumulative amount of illegal lending by individuals is more than 2 million yuan, and the cumulative amount of illegal lending by units is more than 6,543,800 yuan;
(two) the cumulative amount of illegal income of individuals is more than 800 thousand yuan, and the cumulative amount of illegal income of units is more than 4 million yuan;
(3) There are more than 50 illegal lending targets for individuals and more than 150 illegal lending targets for units;
(4) Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.
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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (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.