The crime of defrauding loans needs criminal constitution: the criminal object is the national financial management order and the security of loans, bill acceptances, letters of credit, letters of guarantee, etc. of banks or other financial institutions. In the objective aspect, fraud was used in the process of applying for loans from the bank. Subjects are general subjects, including natural persons and units who have reached the age of 16 and are capable of criminal responsibility. The subjective aspect is intentional.
 Legal basis
 Article 175-1 of the Criminal Law of the People's Republic of China [Crime of defrauding a loan, acceptance of a bill, or financial bill] Whoever obtains a loan, acceptance of a bill, letter of credit, or letter of guarantee from a bank or other financial institution by fraudulent means, thus causing heavy losses to a bank or other financial institution, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially heavy losses to banks or other financial institutions or has other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
 Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.