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The filing standard of online loan fraud crime
In China, the crime of online loan fraud is generally filed as fraud, and its filing standard is: for the purpose of illegal possession, using fictional facts or concealing the truth to defraud public and private property worth more than 3,000 yuan but less than 10,000 yuan. According to Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Legal objectivity:
Article 193 of the Criminal Law defrauds banks or other financial institutions of loans for the purpose of illegal possession, and 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 particularly 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 his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false certification documents.
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