It is generally a crime, suspected of loan fraud. The crime of loan fraud refers to the act of defrauding banks or other financial institutions of loans with a large amount for the purpose of illegal possession.

The criteria for determining the crime of loan fraud are as follows:

1. Subjectively, the actor must have the purpose of "illegal possession", that is, illegally occupying loans from banks or other financial institutions as his own purpose.

2. The actor must have the behavior of defrauding the bank or other turnkey institutions for loans.

3. Fraudulent loans must reach a large amount to constitute a crime, which is an important boundary between crime and non-crime.

If you impersonate others to sign a contract, it may constitute a crime of contract fraud; Other corresponding crimes may also constitute financial fraud and bill fraud.

If it is in the process of litigation, fraudulent use of other people's signatures may constitute the crime of obstruction of testimony and perjury.

If it is a fake star signature to peddle goods, it constitutes an infringement of others' name rights, and a large amount can constitute fraud.

Suspected of defrauding loans, signing and approving bank loans under false pretenses, causing heavy losses to banks, which constitutes the crime of defrauding loans. If the loan is obtained only by illegal means, there is no purpose of illegal possession and no loss, just a general civil dispute. Because of this situation, banks are lax in business audit and have to bear certain responsibilities.

Borrowing credit funds from financial institutions for the purpose of lending, and lending them to others at high interest rates, if the amount of illegal income is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; 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 not less than one time but not more than five times the illegal income. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

legal ground

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.