Talk about SMS loan fraud.

Legal analysis: 1, "for the purpose of illegal possession" is an important criterion to distinguish crime from non-crime. When determining the crime of defrauding loans, we can't simply think that as long as the loans can't be repaid at maturity, they should be punished as the crime of defrauding loans. In real life, the loan can't be repaid on time for complicated reasons. For example, some profit plans can't be realized and loans can't be repaid on time, all because of poor management or changes in market conditions. In this case, although the perpetrator was subjectively at fault, he did not have the purpose of illegally possessing the loan, so he could not be considered as this crime. Some people overestimate their repayment ability so that they can't repay their loans on time. Although the actor is subjectively negligent, he has no purpose of illegal possession and should not be punished for this crime. Only those acts of obtaining loans by deception for the purpose of illegal possession constitute the crime of loan fraud.

2. To distinguish between loan fraud and loan disputes. Some borrowers are in arrears for a long time after obtaining loans, and even exaggerate their ability to perform their duties when applying for loans, making up lies and not paying them back when they are due. This kind of loan dispute is easily confused with loan fraud, and the following four points should be grasped to distinguish the two:

(1) If there is a result of not repaying the loan when it is due, it depends on whether the fact that the actor's performance ability is insufficient at the time of applying for the loan already exists and whether the actor knows this. If you can't fulfill the contract, you don't fully understand it. Even if it is not repaid at maturity, it should not be considered as a crime of fraudulent loans, but should be handled as a loan dispute.

(2) It depends on whether the actor actively uses the loan for the purpose agreed in the loan contract after obtaining the loan. Although the actor can't repay the loan after maturity, if the loan is really used for the designated project, it generally means that the actor has no intention to defraud the loan subjectively and should not be punished as this crime.

(3) It depends on whether the actor actively repays the loan after it expires. If the behavior only verbally acknowledges the repayment, but actually does not actively raise funds to prepare for the return, it cannot be proved that the actor has no intention of fraud or breach of contract, so there may not be any intention of fraud.

(4) Based on the above factors, we can comprehensively examine the subjective mentality of the actor through objective behavior in many aspects, so as to find out whether there is the purpose of illegal possession of loans, which is of great significance for correctly distinguishing the boundaries between loan fraud and loan disputes.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 266 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 solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also 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.

Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated.

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.

Article 266 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 shall 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.