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Will Loan Fraud 2000 Be Filed

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Will Loan Fraud 2000 Be Filed


        

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  • 2024-05-26 08:00:59

    The crime of loan fraud refers to fabricating false reasons for introducing funds, projects, etc., using false economic contracts, false supporting documents, and false property rights certificates as security for the purpose of illegal possession;

    The act of repeatedly guaranteeing in excess of the value of the collateral or defrauding banks or other financial institutions of a relatively large amount of loans by other means. The crime of loan fraud is a kind of financial crime.

    If you are defrauded of less than 3000 yuan, you will not file a case, because this amount is not within the scope of the larger amount that needs to be filed, and the smaller amount does not constitute a crime of fraud. In China's judicial practice, the standard of "large amount" of loan fraud should be 20000 yuan.

    [Legal basis] Article 193 of the Criminal Law states that the crime of loan fraud is committed for the purpose of illegal possession in any of the following circumstances:;

    Whoever swindles loans from banks or other financial institutions, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan;

    If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan;

    If the amount is especially huge or if 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 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:

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

    (2) Using false economic contracts;

    (3) Using false supporting documents;

    (4) Using false property right certificates as security or repeatedly guaranteeing beyond the value of the collateral;

    (5) Defrauding loans by other means.

    A***

    2024-05-26 08:00:59

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