In actual life, a lot of people think to need Qianshi to be able to borrow money to the bank, want to be able to be borrowed only come out to be able to be used casually, should assure to be able to remand as scheduled only went, even if is final and faint remand, also be civil judgment at most in order to be restricted advanced and civil implement measure compulsively, won't be suspected of crime at least!
Actually bank loan has a bit can make crime carelessly, do you have a bank to borrow money? Share with everybody today " diddle loan blame " .
Legal precedent
This is the legal precedent that happens in court of Wu the city zone, wu Mou helps the accused person, with the company production is managed need capital stock with goods for, the company name that runs with its applies circulating fund to Chinese construction bank 2.3 million yuan loan. Still do loan mortgage to assure with the house property of another factory and land. The friend turns to be used at remanding namely after Wu Mou obtains loan individual liabilities. Company, Wu Mou continues to put in repayment of capital 's charge to cease feebly later, the friend also loses connection. Final court sentences Wu Mou one year with diddle loan blame 2 months, punish gold 50 thousand, at the same time pecuniary loss of bank of pay compensation for what one has unlawfully taken 2.3 million yuan.
If encounter this kind of situation, perhaps use in order to decorate the nominal loan of the building at frying, the result expires principal is not had return, same also meeting involves this charge.
What is " diddle loan blame " ?
Acquire a bank in order to cheat a method accept of loan of orgnaization of other perhaps finance, bill, L/C, protect case to wait, to the bank orgnaization of other perhaps finance causes significant loss to perhaps have other and serious plot, be in 3 years of the following set term of imprisonments or arrest battle, be in or; of only punishment gold gives a bank construction of chance of other perhaps finance perhaps have other and special serious plot into particularly significant loss, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
4 kinds of behavior belong to public security to trace the level that appeal to under:
(One) obtain accept of loan, bill, letter of credit in order to cheat a method, protect case to wait, amount is in million yuan the; of above
(2) obtain accept of loan, bill, letter of credit in order to cheat a method, protect case to wait, to the bank orgnaization of other perhaps finance causes amount of immediate pecuniary loss to be in the; of 200 thousand yuan of above
(3) although did not reach afore-mentioned number levels, but obtain the accept of loan, bill, L/C, ; that protects case to wait in order to cheat a method for many times
(4) other the situation that to the bank orgnaization of other perhaps finance creates significant loss to perhaps have other and serious plot.
Of diddle loan blame and dispute of financial loan contract divisional depend on civilian punishment border.
On one hand, the beguiling behavior of the person of cognizance requirement behavior of diddle loan blame and obtain have between loan causal, if go,the loan contract between humanness and financial orgnaization is signed, behavior person does not make crime.
On the other hand, behavior person obtains the loan of financial orgnaization with beguiling method, but did not cause significant loss to perhaps have other and serious plot to financial orgnaization, the behavior that this diddle borrows money does not form guilty;
So, diddle of use deceit method borrows money to financial orgnaization, loan hind changes use, amount reachs certain amount 1 million above or the amount that cannot remand are in of 200 thousand above make diddle loan crime. Accordingly, we must not be risk danger in desperation, offend law, otherwise regretful.
Add legal basis
1. " criminal law " 175: Acquire a bank in order to cheat a method accept of loan of orgnaization of other perhaps finance, bill, L/C, protect case to wait, to the bank orgnaization of other perhaps finance causes significant loss to perhaps have other and serious plot, be in 3 years of the following set term of imprisonments or arrest battle, be in or; of only punishment gold gives a bank construction of chance of other perhaps finance perhaps have other and special serious plot into particularly significant loss, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Of blame of the money before the unit makes, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, the regulation of the money before according to is punished.
2. " the Ministry of Public Security of top people procuratorate about public security mechanism administer criminal case put on record seeks the regulation that appeals to a standard (2) " the 27th: [Case of card of bill of accept of diddle loan, bill, banking (criminal law the 175th one of) ] acquire a bank in order to cheat a method accept of loan of orgnaization of other perhaps finance, bill, L/C, protect case to wait, be suspected of one of following scenario, put on record chases after Yingyu appeal to:
(One) obtain accept of loan, bill, letter of credit in order to cheat a method, protect case to wait, amount is in million yuan the; of above
(2) obtain accept of loan, bill, letter of credit in order to cheat a method, protect case to wait, to the bank orgnaization of other perhaps finance causes amount of immediate pecuniary loss to be in the; of 200 thousand yuan of above
(3) although did not reach afore-mentioned number levels, but obtain the accept of loan, bill, L/C, ; that protects case to wait in order to cheat a method for many times
(4) other the situation that to the bank orgnaization of other perhaps finance creates significant loss to perhaps have other and serious plot.
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