Are the consequences of fake loans serious? Consequences of false loans

How to define the crime of defrauding bank loans, and what will be the consequences of material fraud?

The access conditions of bank loans are relatively high, and many borrowers with loan needs will be rejected for various reasons that do not meet the requirements of bank loans. In order to obtain bank loan funds, many people have taken great pains. Among them, providing false loan materials is a very common act of defrauding bank loans. However, if you are found to have defrauded bank loans, you need to bear corresponding responsibilities. Then, what impact will fraudulent loan information have on borrowers, and what kind of legal sanctions will some borrowers who defraud bank loans with serious circumstances face?

What is the impact of bank loan materials being found to be fraudulent?

When in urgent need, most people will think of loans. That's right! Loan is definitely the best weapon to solve the capital demand, but to get a loan from the bank smoothly, you need to meet the bank loan requirements and provide real and reliable loan materials. However, some borrowers are unable to provide real loan materials for various reasons, so they use their quick wits to provide false certificates. But have you ever thought about the impact if the bank loan materials are found to be false?

Impact 1: Produce bad credit records.

If the situation is light, it may leave a bad credit record, but this record will affect your future bank credit business such as mortgage, car loan and credit card.

Impact 2: Pull into the "blacklist" of banks and refuse to lend.

If the situation is a little more serious, the bank will reject your loan application and will be blacklisted, so you can't apply for a loan in this lending institution in the future.

Impact 3: It constitutes an iou or a sentence.

If your behavior constitutes a loan crime, you shall be sentenced according to the following standards: if the amount is relatively large, it constitutes a loan crime and you shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. And impose a fine of not less than 20,000 but not more than 200,000; 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 but not more than 500,000; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 50,000 but not more than 500,000, or his property shall be confiscated.

How to convict of defrauding bank loans?

Have you ever thought about submitting false information when applying for a loan? If the author tells you to cheat a bank loan or get a sentence, do you dare to have this idea? In this regard, many people have raised such a question: How to be convicted of defrauding bank loans?

According to the criminal law, the maximum legal penalty for the crime of defrauding loans is seven years. So, how to determine whether the behavior of natural persons belongs to loan fraud? According to the relevant regulations, if a natural person borrows a large amount from a bank or other financial institution for the purpose of illegal possession, and questions the following circumstances, it is deemed as fraudulent loans:

1, fabricating false reasons such as introducing funds and projects;

2. Using false economic contracts;

3. Using false documents;

4, the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

5. Loans in other ways.

Therefore, when applying for a loan, remember to provide true and reliable loan information to avoid breaking the law and bringing unnecessary trouble to yourself.

Consequences of False Proof of Loan Income

Consequences of forging loan income certificate:

The consequences of falsifying the loan use certificate are very serious. First, if it is discovered by the bank, the loan will not pass the examination, and if it is serious, it will bear legal risks. What is more serious is that it may be suspected of defrauding loans and judged according to the amount. So the consequences are still very serious.

The simple and popular understanding of loan is to borrow money with interest.

Loan is a form of credit activity in which banks or other financial institutions lend monetary funds at a certain interest rate and must return them. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.

The purpose of commercial banks' loan policy is to ensure the coordination of their business activities. Loan policy is the general principle guiding every loan decision. The ideal loan policy can support banks to make correct loan decisions and help banks to operate; Secondly, it is to ensure the quality of bank loans. The correct credit policy can keep the bank's credit management at an ideal level, avoid excessive risks and properly choose business opportunities.

The loan method is the way for banks to issue loans to enterprises. According to the different ways of loan guarantee, it can be divided into credit loan, secured loan and bill discount. Credit loan refers to the loan issued only by virtue of the lender's reputation; Secured loans refer to secured loans, mortgage loans and mortgage loans; Bill discount refers to the loan issued by the lender in the form of purchasing the borrower's unexpired commercial paper, which can be regarded as a special form. At present, the supply of credit funds in China can be divided into three ways, namely, direct lending, indirect lending and loans from buyers and sellers.

Banks put concentrated money and monetary funds out through loans to meet the needs of social expansion and reproduction for supplementary funds and promote economic development; At the same time, it can also obtain loan interest income and increase the bank's own accumulation. In China, the principle of paid use of loans is also used to promote enterprises to improve their management; Take bank credit as an important way to allocate funds and an important economic lever to regulate the economy.

Consequences of bank loans providing false information

It will constitute the crime of defrauding loans.

1 legal provisions

The crime of defrauding loans is a new crime in the Criminal Law Amendment (VI). One of the crimes stipulated in Article 175 of the Criminal Law, "Whoever obtains loans, bill acceptance, letters of credit, guarantees, etc., and cheats banks or other financial institutions, resulting in heavy losses to banks or other financial institutions or other serious circumstances, 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 particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "

2 Cost analysis

The subjective aspect of this crime is intentional, the subject of the crime is natural persons and units, the object is to undermine the national financial management order, and the objective aspect is to cause great losses to banks or other financial institutions.

I. Legislative background

In the increasingly fierce market competition, we should not regard all loans that are not repaid after obtaining loans from banks as loan crimes. Considering that obtaining loans from banks and financial institutions by deception in practice has objectively disturbed the normal financial order, the Criminal Law Amendment (VI) criminalizes it. There are two key points in determining the crime of defrauding loans. One is the identification of fraudulent means, and the other is the identification of "causing great losses to banks or other financial institutions or other serious circumstances". When handling such cases, judicial organs should pay attention to collecting evidence to prove that the defendant subjectively has the criminal intention of defrauding bank loans. At the same time, we should pay attention to finding enough evidence to prove that the actual consequences of the crime are very serious, which meets the requirement of "causing great losses to banks or other financial institutions or other serious circumstances" in the crime of defrauding loans.

Second, the difference between this crime and the crime of lending, the crime of lending at high interest and other similar crimes:

The crime of defrauding loans and the crime of defrauding loans are both manifested in objective aspects. The difference lies in whether the actor subjectively has the purpose of illegal possession, or there is not enough evidence to prove that there is the purpose of illegal possession, which can only be regarded as the crime of defrauding loans.

The loan is 60 thousand. The information used at the beginning was false, but it has not been handed in yet. Will you be sentenced if you are caught?

If you use false information to make a loan, the loan itself constitutes a crime. If you are in loans overdue, you will be punished by the criminal law. If losses are caused to banks, it is suspected to constitute crimes of disrupting financial management order and financial crimes; If the bank company personnel collude maliciously, it will also be suspected of constituting the crime of undermining the financial management order;

Legal analysis

Individuals who want to illegally possess loans and borrow money from banks without authorization with copies of other people's ID cards belong to the crime of stealing other people's certificates to make loans, and the amount above this constitutes a financial crime and a crime of disrupting financial management order; However, if bank staff collude maliciously with criminals to obtain loan funds, which is huge or causes heavy losses, they will be punished by criminal law, and those who issue loans to related parties will be severely punished.

It is suggested that the victim should report the case to the public security organ immediately after learning it; At the same time, actively negotiate with the loan bank, ask the bank to determine that the loan contract is invalid, and entrust a third-party appraisal agency to appraise the handwriting when necessary; If the loan contract is signed by bank staff and criminals in malicious collusion, then the victim has the right to ask the bank to declare the loan contract invalid. Finally, if loans overdue and other issues seriously affect the victim's personal credit information, the victim has the right to ask the bank to eliminate bad records. If other economic losses are caused to the victim, the victim has the right to file a civil lawsuit and demand compensation from the relevant personnel.

legal ground

Article 233 of the Civil Code of People's Republic of China (PRC) infringes, and the obligee can solve it through conciliation, mediation, arbitration and litigation.

, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly 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. "

Article 175 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than one time but not more than five times of the illegal income shall be imposed on those who extort credit funds from financial institutions for the purpose of lending and usury to others. If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Article 175-1 Obtaining loans, bill acceptance, letters of credit, guarantees, etc. Whoever cheats a bank or other financial institution, causing heavy losses to the 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 particularly heavy losses to banks or other financial institutions or has other particularly 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. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

What are the consequences of a fake income certificate loan? Will fake wages be investigated?

At present, many loans require applicants to submit proof of income, and some friends cannot provide proof of income because they are still on probation or unemployed. At this time, some people will take risks and make fake income proof loans, which will bring bad consequences to themselves. So what are the consequences of opening a fake income certificate loan? Let's give you a detailed analysis.

First, false proof of income is an act and should bear legal responsibility. A fine of less than 4,000 yuan, control of more than 4,000 yuan, criminal detention of more than 5,000 yuan, and six months for more than 10000 yuan. Two hundred thousand, even ten years.

Second, once a loan with a false income certificate is found, it will be rejected by the lending institution forever, and many lending institutions enjoy this information, so it is difficult for applicants with false income certificates or other lending institutions to borrow money.

Third, the false income certificate affects the personal credit record of the borrower, resulting in a bad credit record.

Fourth, the loan false salary certificate will generally be found out. Because the lending institution can check the account flow through the bank, as long as it finds a discrepancy, it will know that the applicant is using a fake salary certificate.

5. Even if the loan is successfully obtained by providing false proof of income, once it is found out by the lending institution, the lending institution has the right to require the borrower to repay in advance. If the borrower fails to repay the loan, it will have a bad credit record and even be blacklisted, and it will be impossible to obtain a loan in the future.

Here, I would like to remind everyone that the income certificate should not be opened indiscriminately, and the fake income certificate will only bring trouble to yourself. What's more, there are loan platforms that don't need proof of income. Everyone can try it.

So much for the introduction of the consequences of false loans.