How to deal with loans that steal other people's information?

How to deal with loans that steal other people's information generally needs specific analysis. The following is the analysis:

If the theft of information loans does not constitute a crime, the public security organ shall impose a fine of not less than 200 yuan but not more than 1,000 yuan or detention for not more than 10 days. If there are illegal gains, the illegal gains shall be confiscated. If the circumstances are serious enough to constitute a crime of financial fraud, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; 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.

1. The impostor should actively negotiate with the bank that handles loans and credit cards. If the bank refuses to solve the problem, it may bring a lawsuit to the people's court and ask the bank to bear the corresponding legal responsibilities caused by lax examination;

2. The impostor should pay attention to collecting evidence. In view of the various contracts and evidences of impersonation loans that I did not sign, I can apply for legal appraisal;

The impostor should not listen to the rumor that any intermediary agency can "whitewash" the credit record, and choose formal legal procedures to solve the problem.

4. If personal information is leaked and used by others, you can call the police to apply for a loan. When personal basic information is found to be stolen or there is a risk of being stolen, you should call the customer service of the relevant company in time to confirm. If there are theft facts, explain the reasons and ask for deletion; If you find that the deposit, securities or wealth management account is stolen or at risk of being stolen, you should call the relevant financial institutions to report the loss and stop paying, pay attention to keeping relevant evidence such as text messages or vouchers, and call the police in time. You can also raise an objection to the bank and bring a lawsuit to the court to confirm that the loan contract is invalid.

I was cheated, and the loan hasn't arrived yet. Do I still need to repay the loan?

Because the repayment needs to be made after the loan arrives, the loan is not established and naturally there is no need to repay. The borrower's own real-name bank card has not received the money and does not need to repay. Because there is no money received in the bank card, there is no loan relationship, and there is no responsibility and obligation to repay. Even if it is a formal loan, the other party must fulfill the loan obligation first, and then the contract will take effect. Online loan belongs to bond investment, with clear income, and the lender obtains interest income; However, the public often confuses it with equity crowdfunding. Equity crowdfunding is an equity investment with flexible income. Investors gain future income through investment companies. Whether it is bond investment or equity investment, there are certain risks. Investors should fully understand the risks, have sufficient knowledge and mental preparation for taking risks at their own risk, and judge and bear the risks of the project on this premise. The crime of fraud, in any of the following circumstances, defrauds banks or other financial institutions of loans for the purpose of illegal possession, and if the amount is relatively large, it 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 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:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.

Legal basis:

One of the 253rd articles of the Criminal Law of People's Republic of China (PRC).

The crime of infringing citizens' personal information violates the relevant provisions of the state and sells or provides citizens' personal information to others. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, 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.

Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Whoever steals or illegally obtains citizens' personal information by other means shall be punished in accordance with the provisions of the first paragraph.

Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding three paragraphs.

People's Republic of China (PRC) identity card regulations

Fifteenth any of the following acts shall be punished in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security:

(1) refusing the public security organ to examine the resident identity card;

(2) Transferring or lending a resident identity card;

(three) the use of other people's identity cards;

(4) intentionally destroying another person's identity card.

Article 16 Whoever forges or alters a resident identity card or steals a resident identity card, if the circumstances are serious, shall be punished in accordance with the provisions of Article 167 of the Criminal Law of People's Republic of China (PRC).

Article 17 Any functionary of a public security organ who engages in malpractices for personal gain in the implementation of these Regulations and infringes upon the lawful rights and interests of citizens shall be given administrative sanctions. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

2023-03- 14