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What is the meaning of the crime of illegally granting loans and the crime of misappropriating funds

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What is the meaning of the crime of illegally granting loans and the crime of misappropriating funds


        

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  • 2024-05-26 03:00:31

    The crime of illegally granting loans means that if a staff member of a bank or other financial institution grants loans in violation of State regulations, if the amount involved is huge or heavy losses are caused, 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 10000 yuan but not more than 100000 yuan; If the amount is especially huge or causes especially heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

    The crime of misappropriating funds refers to the act of a person of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or loans them to others, and the amount is relatively large, but it has not been returned for more than three months, or although it has not been more than three months, the amount is relatively large, and he conducts profit-making activities, or conducts illegal activities.

    [Legal Basis]

    Article 186 of the Criminal Law, if a staff member of a bank or other financial institution grants loans in violation of State regulations, if the amount involved is huge or heavy losses are caused, 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 10000 yuan but not more than 100000 yuan; If the amount is especially huge or causes especially heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

    Any staff member of a bank or other financial institution who, in violation of State regulations, extends loans to related parties shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

    Where a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.

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