How to calculate financial car loan fraud?

Excuse me, how to identify a car loan as fraud?

How to identify car loans as fraud?

Under normal circumstances, car loans will not go to jail. After all, car loan is a kind of folk economic behavior, and car loan repayment mainly involves folk economic disputes, which will not rise to the height of criminal offence. However, once the debtor's behavior is identified as loan fraud, he will go to jail.

Criteria for determining the crime of loan fraud;

1. When I applied for a car loan, the purpose was illegal possession, that is, I didn't intend to repay the loan at the beginning;

2. The application materials used to apply for car loans are fraudulent;

3. The outstanding amount involved is huge. If only a few thousand dollars are not paid back, it is not a loan fraud. Only the amount involved exceeds 6,543,800 yuan.

Although the car loan will not go to jail easily, the debtor will inevitably be punished by other punishments:

1. Personal credit is seriously damaged, which not only leaves a stain on the credit information system, but also may become a credit information black account and "Lao Lai";

2. Your car was towed away by the financial institution for auction according to the contract;

After others know that the car loan will not be paid back, their personal reputation will plummet.

For more information on how to identify auto loan fraud, please visit: See More.

How does the filing standard of car loan fraud belong to car loan fraud?

The standard for filing a car loan fraud case is that the public security organ will examine and determine it according to the specific circumstances, and if it meets the conditions for criminal filing, it will file a case for investigation and evidence collection, pursue criminal responsibility, and recover the stolen money and return it to the victim.

It may be considered as the standard of car loan fraud.

1. If the lender aims at illegal possession at the initial stage of applying for a car loan, that is to say, there is no intention to repay the loan at the initial stage.

2. The materials used to apply for car loan are fake.

3. The unpaid amount involved is relatively large, generally more than 1 1,000 yuan. If it is several thousand dollars, it is not car loan fraud.

Under normal circumstances, car loans won't go to jail, but if the circumstances are serious and you are identified as car loan fraud, then you need to go to jail. In the case that the car loan is not paid back and the car has not yet gone to jail, it will still be greatly affected, personal credit will be greatly damaged, the credit report will be greatly stained, and it will even become a black account for credit reporting, and its own vehicle will be towed away for auction according to the contract requirements.

The sentencing of car loan fraud cases is as follows: if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of 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 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 50,000 yuan but not more than 500,000 yuan or confiscated property.

How to identify car loans as fraud?

According to the law, car loans that meet the crime of fraud are recognized as fraud. The constitutive elements of the crime of fraud are: the main elements are natural persons with full criminal responsibility; The object element is the ownership of public and private property; The subjective element is direct intention; The objective requirement is that the actor obtains property by defrauding public and private property, and the amount is large. According to the relevant laws and regulations, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

legal ground

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.