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How much does the amount exceed to trigger Articles 193 and 224 of the Criminal Law?
If the amount exceeds 20,000 yuan, it will trigger the crime of loan fraud in Article 193 of the Criminal Law and the crime of contract fraud in Article 224 of the Criminal Law.
According to the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"
Article 50 [Loan Fraud Cases (Criminal Law Article 100) Article 93)] Anyone who defrauds a bank or other financial institution of a loan of more than 20,000 yuan for the purpose of illegal possession shall file a case for prosecution.
Article 77 [Contract Fraud Cases (Article 224 of the Criminal Law)] For the purpose of illegal possession, during the process of signing and performing a contract, defrauding the other party of property, amounting to more than 20,000 yuan If the amount exceeds RMB 10,000, a case should be filed for prosecution.
According to the "Criminal Law of the People's Republic of China"
Article 193 Crime of Loan Fraud
Any of the following circumstances shall constitute illegal Whoever defrauds loans from banks or other financial institutions for the purpose of possession, and the amount is relatively large, 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 more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; Those who commit crimes shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, they 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 50,000 yuan. A fine of less than 100,000 yuan or confiscation of property:
(1) Making up false reasons for introducing funds, projects, etc.;
(2) Using false economic contracts;
(3) Using false certification documents;
(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral;
(5) Using Other methods of loan fraud.
Article 224 Crime of Contract Fraud
Under one of the following circumstances, for the purpose of illegal possession, during the process of signing and performing a contract, the other party is defrauded of property, amounting to If the amount is huge or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other special If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated:
(1) Signing a contract with a fictitious unit or in the name of another person;
(2) Forged, altered, invalidated bills or other false property rights certificates are used as guarantee;
(3) If there is no actual ability to perform, the small-amount contract shall be performed first or the contract shall be partially performed. , to trick the other party into continuing to sign and perform the contract;
(4) To accept the goods, payment, advance payment or guaranteed property from the other party and then hide it;
(5) To Using other methods to defraud the other party of property.
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