The act of making loans under false names shall constitute the crime of loan fraud if the amount reaches the circumstances specified in the criminal law.

According to Article 193 of the "Criminal Law of the People's Republic of China":

The crime of loan fraud involves one of the following circumstances: defrauding a bank for the purpose of illegal possession or other financial institutions, 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, the person 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 particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Fabricating false reasons for introducing funds, projects, etc.;

(2) Using false economic contracts;

(3) Using false certification documents;

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(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral; (5) Using other methods to defraud loans.

According to Article 4 of the "Notice of the Supreme People's Court on Issuing the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases":

According to Article 10 of the "Decision", For the purpose of illegal possession, defrauding banks or other financial institutions of loans, if the amount is relatively large, constitutes the crime of loan fraud.

The "other serious circumstances" stipulated in Article 10 of the "Decision" refer to:

(1) In order to obtain loans by fraud, bribes to staff of banks or financial institutions in relatively large amounts

(2) Squandering the loan, or using the loan to carry out illegal activities, resulting in the failure to repay the loan when it expires;

(3) Concealing the whereabouts of the loan, and refusing to repay the loan after the loan period expires Not repaying;

(4) Providing false guarantees to apply for a loan, and refusing to repay it after the loan period expires;

(5) Applying for a loan in the name of someone else, and the loan period expires Later, they refused to repay.

"Other particularly serious circumstances" stipulated in Article 10 of the "Decision" refer to:

(1) In order to obtain loans by fraud, bribes to staff of banks or financial institutions in huge amounts

(2) Escape with the loan;

(3) Use the loan to carry out criminal activities.

If an individual commits loan fraud with an amount of more than 10,000 yuan, it is classified as a "large amount"; if an individual commits loan fraud with an amount of more than 50,000 yuan, it is classified as a "huge amount"; if an individual commits loan fraud with an amount of If the amount exceeds 200,000 yuan, it is classified as "extremely huge amount."

Extended information:

According to Article 186 of the "Criminal Law of the People's Republic of China":

The crime of illegally granting loans to banks or other Employees of financial institutions who extend loans in violation of state regulations, if the amount is huge or cause heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan.

If the amount is particularly huge or causes particularly heavy losses, the person shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 20,000 yuan but not more than 200,000 yuan. Any staff member of a bank or other financial institution who violates state regulations and extends loans to related parties shall be severely punished in accordance with the provisions of the preceding paragraph.

If a unit commits the crime in the preceding two paragraphs, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs. The scope of related parties is determined in accordance with the "Law of the People's Republic of China on Commercial Banks" and relevant financial regulations.

False name loans refer to the fact that people who actually need loans are unable to obtain the loans they need from credit unions through normal procedures due to various reasons, and thus obtain illegal loans from credit unions in the name of others.

(The difference between borrowing one’s name and borrowing one’s name is that one borrows someone else’s name with or without knowledge, and the nature of a fake loan is more serious) The main forms of borrowing one’s name are as follows:

1. Some account managers of credit unions are directly or indirectly engaged in business operations. When they need working capital, they often issue self-approved loans by borrowing under false names (mainly by defrauding or forging the ID card and loan certificate of the borrower) , privately engrave fake seals and imitate the signature of the borrower to obtain a loan from a credit union in the name of the borrower).

2. When a close relative of a credit union’s account manager needs a loan but does not meet the loan conditions, the account manager may issue a loan to a related person by using another person’s name as a fake loan.

3. Currently, in order to strengthen credit management, credit unions strictly control cross-regional loans and have formulated strict punitive measures. Because cross-region loans are more obvious, in order to avoid cross-region loans, account managers will issue cross-region loans by assuming the names of others in their jurisdiction.

4. Although the borrower meets the conditions, he has already applied for a loan before, and according to regulations, no more loans can be granted to him. In this case, if the account manager still wants to handle this loan business, he may use the method of borrowing money under a false name to issue loans to large households in fact (some use the name of corporate legal persons or shareholders to lend money to enterprises).

5. Currently, credit unions have implemented a strict loan authorization system. Account managers can only issue loans within their authority. When their authority is exceeded, the account manager must report it to the authorized person for approval.

When the account manager wants to issue a loan due to failure to be approved for some reason, the account manager may issue an over-authorized loan by borrowing under a false name, making the loan authorization letter a dead letter.

6. In order to avoid supervision, the account manager used the names of two or more people to apply for multiple loans at the same time or borrowed their names, and they were used by one person.

Baidu Encyclopedia-Criminal Law of the People's Republic of China