Standards for filing overdue online loan prosecutions

1. Standards for filing cases of overdue online loans in 2022 Be a "chapter" and strive to improve the success rate of loan application.

2. The borrower wants to obtain a loan with a relatively high amount, but he does not have a house, a car, or other asset certificates, so he thinks that he can get it by spending a thousand yuan.

3. The borrower does not have a fixed employer and has little bank statements and does not meet the loan application requirements, so he wants to increase the loan amount and make fake bank statements.

4. The lender’s credit report is overdue multiple times, is seriously overdue, is on the blacklist, etc. The credit report is already black and white. It is difficult to "find a way" to create a fake credit report because this operation is difficult. You can check it inside the bank.

Generally speaking, the crime of loan fraud will be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and a single fine. The statutory benchmark penalty reference points:

1. If the fraud is less than 4,000 yuan, It is a fine; if it is more than 4,000 yuan and less than 5,000 yuan, it is a controlled sentence; if it is 5,000 yuan, it is three months of criminal detention, and the sentence will be increased by one month for every 1,670 yuan; if it is 10,000 yuan, it is six months' imprisonment, and for every additional 1,000 yuan, and the sentence will be increased by one month.

2. Under one of the circumstances stipulated in Article 131, if the sentence of criminal detention is intended, it shall be upgraded to fixed-term imprisonment; if the sentence of control or fine is intended, the sentence shall be upgraded to criminal detention.

The statutory benchmark penalty reference point for fixed-term imprisonment of not less than three years but not more than ten years:

Whoever commits fraud of 40,000 yuan will be sentenced to three years in prison. For every additional 2,000 yuan, the sentence will be increased by one month.

Reference points for statutory benchmark sentences of more than ten years in prison:

Whoever commits fraud of 200,000 yuan will be sentenced to ten years in prison. For every additional 4,000 yuan, the sentence will be increased by one month.

In short, if the bank fails to repay the debt, if it is found to meet the above conditions, it may be punished for the crime of loan fraud. Legal provisions:

Article 266 of the "Criminal Law of the People's Republic of China" stipulates: "Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. A fine may be imposed concurrently or solely; if the amount is huge or there are other serious circumstances, the person 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment , and shall be subject to fines or property confiscation if otherwise provided for in this law."