If the fake statement is really found out by the bank, you don’t have to be afraid. At most, it’s just a loan from another bank.
A loan intermediary guarantees the reporter this way.
A few days ago, a report on "fake bank statements online" in the Daily Economic News attracted widespread attention. Using fake bank statements to apply for a loan is really as risk-free as the above-mentioned intermediary said? Is it just the consequence of the unilateral refusal of loan from the bank?
reporter learned from legal professionals that after using false materials such as fake statements to borrow money, once the loan cannot be replaced, he may also bear criminal liability.
In fact, there are indeed lenders who provide false income certificates and bank statements, and were eventually considered contract fraud and sentenced to 4 years and 7 months in prison.
provides fake recurring loans, and is convicted of contract fraud
What will happen if the lender fails to pay back the loan after obtaining the loan by providing fake recurring bills?
Insiders in the banking industry told reporters that they usually collect debts first, and they will also freeze the account and only enter and not exit, and directly deduct the collection from the account. If it really doesn't work, they will dispose of the collateral to see if there are any assets that can be disposed of.
▲Picture source: Visual China
Will bank staff go back to review whether the lender’s materials are real after the lender cannot repay the loan normally? Bank staff said that after the loan is successful, the bank will basically no longer identify the authenticity of the lender's materials.
A bank staff member told reporters that it would not make much sense to see whether the loan application information is real or not at this time (after the loan is successful).
However, this does not mean that lenders who provide fake transactions can hide the truth.
reporter found from the China Judgment Documents website that there was indeed a case where the lender provided false statements to obtain the loan and was sentenced to fail to repay the loan after the deadline.
According to the criminal ruling of the Intermediate People's Court of a city in Heilongjiang Province, the lender Yu, knew that he had no ability to repay, provided him with false income certificates and bank statements through Ma, passed the bank's preliminary review, obtained the guarantee of the financing guarantee company, and signed a credit card installment contract with Longjiang Bank , and obtained a total of RMB 183,800 in purchase of the car, and purchased a car. Subsequently, Yu mortgaged the car to the financing guarantee company on one hand, and on the other hand, he mortgaged the vehicle to others. After the incident, 173,300 yuan was still not returned, and the whereabouts of the vehicle were unknown.
wrote in the ruling: "Yu knew that he had no ability to repay, and during the signing and performing the contract, he provided false income certificates and bank statements to defraud the other party of property. The amount was huge, and his behavior constituted the crime of contract fraud."
In the end, Yu was sentenced to four years and seven months in prison and a fine of RMB 10,000. The defendant Yu was ordered to return the illegal income of RMB 173,300 to the victim's unit. "
What does contract fraud mean? According to Article 224 of the Criminal Law, contract fraud refers to the act of using fraudulent means of fabricating facts or concealing the truth during the signing and performing a contract, which is a large amount of fraud.
In this regard, Professor Liang Huaren, a paper "A brief discussion on several issues of contract fraud" by Professor Liang Huaren of , China University of Political Science and Law, mentioned a keyword: illegal possession. Professor Liang Huaren believes that the subject of the crime of criminal offense has no sincerity to perform the contract from the beginning, and just wants to deceive him through the contract. People, money and property.
How is the amount standard for contract fraud defined? How much is the huge amount?
Secretary of Sichuan Luzhi Law Firm Wang Yongqiang said that the standards of each province are different, but they are roughly equivalent.
Contract fraud "large amount" means that the amount of public and private property fraud is more than 10,000 yuan;
"large amount" means that the amount of public and private property fraud is more than 50,000 yuan;
"large amount" means that the amount of public and private property fraud is more than 50,000 yuan;
"specially huge", which means that the amount of public and private property fraud is more than 500,000 yuan.
That is to say, as long as it is considered as a crime of contract fraud, the amount of defraud will become an important basis for sentencing. According to the " Criminal Law of the People's Republic of China ", if an individual defrauds amount exceeds 50,000 yuan, he will be sentenced to fixed-term imprisonment of more than three years and less than ten years; if an individual defrauds amount exceeds 500,000 yuan, he should be sentenced to fixed-term imprisonment of more than ten years and a bank loan of more than ten yuan or even millions of yuan. A fixed-term imprisonment or life imprisonment of more than three or even ten years is not as easy as a loan agency saying "change a loan from another bank."
does not aim for illegal possession, and may also violate the criminal law
There is a lender who is lucky and thinks that he has the sincerity to repay the loan at the beginning. Even if he provides fake transactions, he will not repay the loan, so he will not meet the crime of contract fraud.
Xiao Wanxiang, the second Criminal Tribunal of the Shanghai Higher People's Court, mentioned in his paper that obtaining loans from financial institutions by deceptive means constitutes the crime of defrauding loans or loan fraud or contract fraud. In addition to the distinction between the consequences of the crime, if defrauding loans for the purpose of illegal possession, it constitutes the crime of loan fraud or contract fraud; if fails to defraud loans for the purpose of illegal possession, it constitutes the crime of defrauding loans.
▲Picture source: Visual China
Xiao Wanxiang said that even if there is no subjective intention of illegal possession, or the subjective intention of illegal possession is not obvious or the evidence is insufficient, it can still be included in the scope of criminal sanctions.
Lu Dixin, a lawyer from Guangdong Guangxin Junda Law Firm, said that the difference between fraud and defrauding loans is whether the criminal has the intention to repay the money when committing the fraud. If not, it should be a fraud. If there is an intention to repay the money, it should be a fraud.
According to the crime of defrauding loans, if the acts of causing major losses to banks or other financial institutions or having other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be fined or fined alone; if the crime of causing particularly serious losses to banks or other financial institutions or having other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years, and shall be fined.
Source: Daily Economic News (WeChat ID: nbdnews)
