Is it a fraud for the guarantor to find an acquaintance to falsify the debt relationship to transfer income in order to avoid the credit union loan?

1. The concept and its constitution of the crime of loan fraud refers to the act of fabricating false reasons such as introducing funds and projects, using false economic contracts, using false certification documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans and large amounts by other means for the purpose of illegal possession. (I) Elements of Object The object of this crime is a dual object, which infringes on the ownership of loans by banks or other financial institutions, and also infringes on the national financial management system. Loans refer to monetary funds provided by banks or other financial institutions as lenders to borrowers and repay the principal and interest at the agreed interest rate and time limit. In modern society, with the increasing demand for funds for national economic and social development, loans play an increasingly prominent role in social and economic life. Banks and other financial institutions not only participate in the working capital turnover of enterprises by issuing loans, but also support enterprises to purchase fixed assets and carry out technological transformation to promote production development. At the same time, they also promote the circulation of commodities and promote the development of science, technology, culture and health. At the same time, with the increasing development of China's loan finance business, illegal and criminal activities of fraudulent loans have also emerged and become more and more serious. Fraudulent loan behavior not only infringes the property ownership of banks and other financial institutions, but also inevitably affects the normal loan business and other financial business of banks and other financial institutions, undermining the stability of China's financial order. Therefore, fraudulent loan behavior violates the loan ownership of financial institutions such as banks and the national loan management system, which is more harmful to society than ordinary fraud. (II) Objective Elements This crime is objectively manifested as an act of defrauding a bank or other financial institution of a large amount of loans by fabricating facts or concealing the truth. First of all, this crime is manifested as the behavior of the actor who defrauded the bank or other financial institutions by fabricating facts and concealing the truth. The so-called fictional facts refer to fabricating facts that do not exist objectively to cheat the trust of banks or other financial institutions; The so-called concealment of the truth refers to the intentional concealment of certain facts that exist objectively, so that banks or other financial institutions have the illusion. According to the provisions of this article, the methods used by the perpetrator to defraud loans mainly have the following manifestations: L. Fabricating false reasons such as introducing funds and projects to defraud loans from banks or other financial institutions. This kind of situation has happened frequently in recent years. In Shanghai alone, there have been dozens of fraudulent investments in a year. The criminals usually forge the huge funds of a foreign consortium or the huge private deposits of "patriotic Chinese in the United States" to be deposited in a bank on preferential terms to defraud the bank of loans and fees. In addition, many criminals fabricate investment projects with good benefits to defraud banks and other financial institutions of loans. 2. Using false economic contracts to defraud loans from banks or other financial institutions. In order to support production, encourage exports and increase the value of limited funds, banks or other financial institutions sometimes issue loans according to economic contracts. Some criminals forge or use false export contracts or other economic contracts with good short-term output ratio to defraud the following banks or other financial institutions of loans. For example, the criminal Zhang forged a company's export supply contract, and applied for a loan of several million yuan from a bank in Shanghai with a false contract and fled with the money. 3. Using false documents to defraud loans from banks or other financial institutions. The so-called certification documents refer to the documents needed when applying for loans from banks or other financial institutions, such as guarantee letters and deposit certificates. For example, a company issued a false deposit certificate through the staff inside the bank, and borrowed millions of yuan from another bank. 4, using false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral, defrauding banks or other financial institutions of loans. The proof of property right here refers to all documents that can prove that the actor has ownership of real estate such as houses or movable property such as cars, money and bills that can be redeemed at any time. For example, the criminal Zhang used the forged property certificate of a housing development company as collateral to defraud a bank loan of more than one million yuan. 5, by other means to defraud the bank or other financial institutions loans, the "other methods" refers to the forged official seal of the unit, seal fraud; Fraudulent loans with fake currency as collateral; Borrowing first and then using fraudulent means to refuse to repay the loan. The spirit of this provision is that no matter what method the perpetrator uses to defraud the loan, he should be investigated for criminal responsibility according to this crime. (III) Subject Elements The subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility, and the unit can also become the subject of this crime. Staff members of banks or other financial institutions who collude with criminals who defraud loans and provide them with assistance in defrauding loans should be punished as criminals of loan fraud. The so-called collusion, in this crime, refers to the behavior that the staff of banks or other financial institutions collude with the criminals who swindle loans before or during the fraud, * * * discuss or plan with each other, cooperate with the criminals who swindle, and act as an insider to help them. For the behavior that the staff of banks and other financial institutions collude with other criminals to defraud the money of banks and other financial institutions, we should pay attention to distinguish the nature of the behavior adopted by the two kinds of personnel in the same crime. If the staff of banks and other financial institutions are the main ones, and the behavior adopted is mainly carried out by taking advantage of their positions, other people in society only provide help. At this time, the crime committed by the staff of banks and other financial institutions should be treated qualitatively. If it is corruption, it should be punished according to the crime of corruption. In society, In case of embezzlement, it should be punished as duty embezzlement, and other personnel should be punished as * * * of duty embezzlement. If the behavior adopted is mainly deceptive methods of fabricating facts and concealing the truth, and the staff of financial institutions such as banks only provide help, then this crime will be punished qualitatively. We can't treat this crime or other crimes regardless of the situation. (IV) Subjective Elements This crime is subjectively constituted by intention and is aimed at illegal possession. Whether the actor's motive for illegally possessing the loan is to squander enjoyment or to transfer concealment does not affect the constitution of this crime. On the other hand, if the actor does not have the purpose of illegal possession, although he used deception when applying for a loan, he can't be treated as a crime. The bank can stop issuing loans, recover loans in advance or charge interest on loans according to relevant regulations.