Defrauding a loan from a small loan company constitutes a cr

Loan refers to the monetary funds provided by the bank or other financial institution as the lender to the borrower and repaying the principal and interest at the agreed interest rate and time limit. Fraudulent loans not only infringe on the property ownership of financial institutions such as banks, but also inevitably affect the normal conduct of loan business and other financial services of financial institutions such as banks, and undermine the stability of the financial order. Therefore, the fraudulent loan behavior also infringes the loan ownership of financial institutions such as banks and the state's loan management system, and has greater social harm than the general fraud. In order to support production, encourage exports, and increase the value of limited funds, banks or other financial institutions sometimes have to issue loans under economic contracts. Some criminals falsify or use false export contracts or other short-term economic contracts that are more profitable. Fraudulent loans to other banks or other financial institutions. Using fraudulent documents to defraud banks or other financial institutions. The so-called supporting documents refer to the documents required for a loan application or deposit certificate to a bank or other financial institution. The use of false title certificates as guarantees or duplicate guarantees beyond the collateral value to defraud banks or other financial institutions for proof of title here means that the perpetrator can prove the movable property such as houses or real estate such as cars, currency, and bills that can be redeemed at any time. Everything with ownership. The "other methods" used to defraud banks or other financial institutions by other means are to falsify the official seal of the unit and to swindle the fraud; to use the fake currency as the mortgage to swindle the loan; to use the fraudulent means to refuse to repay the loan after borrowing first. . The spirit of this provision is that regardless of the method by which the perpetrator defrauds the loan, he must be investigated for criminal responsibility according to this crime. In judicial practice, if the perpetrator has one of the following circumstances, it shall be deemed that the act is “a loan for fraudulent use of the bank or other financial institution for the purpose of illegal possession”: (1) the loan is absconded after the loan; (2) Use the loan according to the purpose but squander the loan to make the loan unrepayable; (3) use the loan for criminal activities, so that the loan cannot be repaid; (4) change the loan use to use the loan for high-risk economic activities, causing major economic losses (5) In order to obtain improper benefits, change the use of the loan, causing major economic losses, resulting in the loan being unable to repay; (6) Providing a false guarantee to apply for a loan, causing significant economic losses, resulting in the loan being unable to repay, And so on. When the bank's staff knows that the perpetrator provided the false loan information and issued the loan, whether it is a fraudulent act of defrauding the loan, it should be handled separately. First, the bank staff responsible for all aspects of the loan knowing that the borrower has provided untrue loan information, and for the benefit of the unit, decided to issue loans to the borrower in the name of the unit, since they represent the meaning and behavior of the bank, Loans are not based on misconceptions, so borrowers should not be guilty of fraudulent loans. Second, the bank staff who do not have the power to decide know that the borrower has provided false loan information, but the final decision makers do not know the truth, and the decision makers made the decision to lend in the case of misunderstanding. Under such circumstances, it is actually the borrower and the bank's staff who jointly fictionalize the facts and obtain loans by defrauding the bank staff with decision-making power. If the actual losses are caused, the bank staff's behavior is in line with the illegal loan issue. The constitutive characteristics shall constitute the crime of illegally issuing loans. The borrower shall constitute the crime of fraudulently obtaining loans; if there is no “significant circumstances” for causing major losses, the bank staff and the borrower shall establish an accomplice to defraud the loan. Third, the bank staff with decision-making power knows that the borrower has provided false loan information, not for the benefit of the unit, but based on private interests, and still decides to issue loans to the borrower, because its purpose is not for financial purposes such as banking. The interests of the organization, but colluding with the borrower to jointly harm the interests of the unit, so its behavior is essentially not representative of the bank, it should be a fraudulent act of fraudulent loan, and the loss may constitute an illegal loan. If there is no loss, there are other serious circumstances, which should constitute a crime of fraudulent loans. According to the relevant judicial interpretation, the major loss refers to the situation in which a certain amount of loans cannot be returned due to objective reasons after the employee’s loan, causing actual economic losses to the bank or other financial institutions. The gross loss of this crime should be limited to direct loss, which refers to the amount that the perpetrator cannot return the bank loan. In accordance with the spirit of the "Reply of the Ministry of Public Security on some legal issues involved in the crime of illegally issuing financial ticket certificates", the public security organ believes that if the borrower has one of the following circumstances, if the loan cannot be returned, it shall be deemed as loss: (1) The court declares that the borrower has gone bankrupt and has been liquidated; (2) the borrower has been revoked, closed, dissolved and terminated as a legal person according to law; (3) Although the borrower has not been legally terminated, the production and operation activities have ceased and the loan has been suspended. (4) Although the business activities of the borrowings have not stopped, the company’s enterprises have suffered serious losses and their assets are insolvent; (5) Other circumstances identified as losses. The crime of defrauding loans and the crime of transferring money to high profits The crime of defrauding loans and the crime of transferring money to high profits are all set in the same article of the criminal law. The two crimes subjectively have no purpose of illegally occupying loans, but there is a certain similarity in objective behavior. If the actor defrauds the loan and then transfers the loan to another person, the behavior may be consistent with the crime of fraudulent loan and the crime of high-profit transfer. The final choice of which crime to apply should be considered in consideration of the illegal income of the agent, the bank or other financial institutions. Loss and other plots. In the case of causing major losses to banks or other financial institutions, the crime of defrauding loans is generally chosen to highlight the deceptive nature of criminal acts and the serious harmful characteristics of the financial order; if there is no significant loss to the bank or other financial institutions, the perpetrators pass For the purpose of transferring loans, it is generally preferred to be classified as a high-profit loan. About the nature of the microfinance company The small loan company is a limited liability company approved by the provincial government authority authorized by the China Banking Regulatory Commission or limited by shares.The company, the main loan issuance and related business. Legal basis for the establishment of small loan companies In May 2008, the Bank and the China Banking Regulatory Commission jointly issued the “Guiding Opinions on the Pilot Program of Small Loan Companies”, and since then the microfinance company has obtained legal status. From the legal basis, the microfinance company was established according to the departmental rules of the two financial supervisory and management institutions of the Bank and the China Banking Regulatory Commission. The purpose is to solve the problems of financing areas and the financing difficulties of SMEs. Financial innovation behavior. Therefore, the microfinance company had financial attributes at the beginning of its birth. The business attributes of small loan companies and their status in financial supervision Microfinance companies are limited liability companies or joint stock limited companies that are invested by natural persons, corporate legal persons and other social organizations, do not absorb public deposits, and operate microfinance businesses. The microfinance company can provide a loan interest rate of 4 times in the state. The current judicial interpretation of private lending has been revised, but the relevant management regulations of small loan companies have not been adjusted. The following loans are issued, and each of the microfinance companies The business data is calculated by the bank as financial data. Therefore, the main business of microfinance companies is to issue loans, which is a standard financial business. The microfinance company is engaged in financial business according to law and obtains the financial institution code granted by the bank according to law. The Notice of the Bank on Printing and Distributing (Financial Institutional Codes) states: “This Code specifies the coding object 1, coding structure and representation of financial institutions, so that each coding object obtains a unique code to adapt to the financial institution information system. And the need for data exchange." At the same time, "Financial Institutional Code Specification" stipulates that "Z-Other 1-microfinance company". Small loan companies are the criminals of fraudulent loans. Small loan companies are other non-bank financial institutions that are legally established to operate microfinance finance business. Although the small loan company does not hold a financial license, it does not affect the determination of the nature of the small loan company as a non-bank financial institution. Therefore, if the borrower illegally obtains the loan of the small loan company by means of false information or fictitious loan use, it is in line with the criminal elements of the crime of fraudulent loan, and the relevant criminal act will be recognized as fraudulent loan. Therefore, it can be concluded that a microfinance company is a financial institution that is engaged in the loan business according to law and should be a financial institution in the sense of criminal law. In the two cases cited at the beginning of this article, the defendant provided false materials to defraud the small company loan, causing heavy losses to him, and his behavior constituted a crime of fraudulent loans.