"The relevant provisions of the criminal law" loan business crime forms and legal liability

One, the crime of commercial bribery
   Commercial bribery crime, refers to a company, enterprise or other unit staff using the convenience of duty, extort or accept bribes, for the benefit of others, a larger amount of behavior.
"Using the convenience of duty", refers to a company, enterprise or other unit staff to use their supervisor, responsible for the management, or participate in a working conditions. Its contents should include the following aspects: (1) use their supervisor, in charge of handling, such as job, position within the scope of the authority; (2) use, by virtue of their right to command, and the use of other personnel influence subordinates duties related to authority, for the bribery to seek interests; (3) use, with authority, position, status, control, or other persons, or the other for their staff's authority, to seek the benefit for briber.
   "Extort", refers to the behavior of people have to rely on yourself or difficulties in others, taking advantage of his position, to open or implied the way, take the initiative to each other for property, in exchange for the benefit of others, regardless of whether the actor "seek interests for others", can constitute bribery behavior.
"Illegally accept others' property", refers to the act of using the convenience of duty or power, passively accept others take the initiative to property, the property whether the behavior person to accept, or by their relatives or others to accept, just to prove that the actor knows this matter, are regarded as acceptable to the people i.
   "Seeking the interests for others", including the others should be legal, legitimate interests and others should not be illegal, illegitimate interests, also has other people's interests and intentions to seek or are sought but not benefit.
    Accept an invitation to dinner gifts, gift giving people put forward to seek illegal interests for its recipients, but took advantage of his position to activity or positive for, and in the amount and circumstances have bribed elements, by taking bribes; taking advantage of his position, to seek benefits for others, symbolic only pay a small amount of cash received gifts or accept others travel offers, bribes.
    In the rural credit cooperatives, "commercial bribery" mainly in the following forms: loan to bribery, misappropriation of funds (including loans) to others accept bribery, bribery and other borrowing capital using.
"Criminal law" the 163rd stipulation: companies, enterprises or other units of staff using the convenience of duty, extort or accept bribes, for the benefit of others, the larger amount, is less than 5 years imprisonment or criminal detention; the enormous amount of, at more than five years in prison, can be confiscation of property.
    Companies, enterprises or other units of staff in economic transactions, using the convenience of duty, accept all kinds of commission, fees in violation of state regulations, to all individuals, shall be punished in accordance with the provisions of the preceding paragraph.
    "Criminal law" the 184th paragraph first: the bank or other financial institution staff in financial activities extort or accept bribes, for the benefit of others, or in violation of state regulations, accept all kinds of commission, fees, to all individuals, in accordance with the provisions of article 163rd convicted punishment.
    In accordance with the provisions of the Supreme People's court, demanding or accepting bribes 5000 yuan to 20000 yuan of above, belong to "large amount"; demanding or accepting bribes of 100000 yuan of above, belong to "a huge amount of".
The maximum statutory penalty of the crime of commercial bribery is sentenced to 15 years, and may concurrently be sentenced to confiscation of property.
Two, the crime of duty encroachment
    The crime of duty encroachment, refers to a company, enterprise or other unit who, by taking advantage of his office, the unit's property for himself, a larger amount of behavior.
"Using the convenience of duty, the unit's property for himself", refers to the behavior person to have in the company, enterprise or other unit in charge of financial management, through the specific identity.
In the rural credit cooperatives, post occupy mainly in the following forms: with illegal possession for the purpose of intentionally using charge, received interest income is not accounted for by the principal and interest of the loan way (including back the writing off bad debt loan principal and interest), embezzlement, or use the Treasury, empty solid, embezzlement, misappropriation of long section of income, business or service steal a sleep account, cash tap (from the whole or a whole bundle of cash out of a few pieces of possession), fiddling expenses, the top false illegal loaned possession, etc..
    "Criminal law" the 271st stipulation: the company, enterprise or any other unit who, by taking advantage of his office, the unit's property for himself, the larger amount, is less than 5 years imprisonment or criminal detention; the enormous amount of, at more than 5 years in prison, can be in the confiscation of property.
In accordance with the provisions of the Supreme People's court, occupy the unit property 5000 yuan to 20000 yuan of above, belong to "large amount"; occupy the property units of 100000 yuan of above, belong to "the amount".
The maximum statutory penalty of crime of duty encroachment was sentenced to 15 years, and may concurrently be sentenced to confiscation of property.
Three, the crime of misappropriation of funds
   The crime of misappropriation of funds, refers to a company, enterprise or other unit staff, taking advantage of his position, misappropriation of the funds for personal use or lending to others, larger, more than 3 months without further; or not more than 3 months, but the amount is larger, for profit activities; or illegal activities.
   In the rural credit cooperatives, misappropriation of funds are mainly in the following forms: issuing false kana, misappropriation of loan to assume somebody's name and received interest income funds, loans, steal a unit interception (personal) deposit.
"Criminal law" the 272nd stipulation: the company, enterprise or other unit staff, taking advantage of his position, misappropriation of the funds for personal use or lending to others, larger, more than 3 months without further, or are not more than 3 months, but the amount is larger, the profit-making activities, or to engage in illegal activities, is less than 3 years imprisonment or criminal detention; misappropriation of the huge amount of money units, or larger amount of non refundable, 3 to 10 years in prison.
"Criminal law" the 185th paragraph first: commercial banks, stock exchanges, securities companies, futures exchange, futures Broker's Firm, insurance company or other financial institutions personnel who take advantage of their office, misappropriation of the unit or customer funds, in accordance with the provisions of article 272nd convicted and punished.
In accordance with the provisions of the Supreme People's court, misappropriation of the funds of 10000 yuan to 30000 yuan, for "large amount"; illegal activities, misappropriation of the funds of 5000 yuan to 10000 yuan of above, shall be investigated for criminal responsibility.
    The maximum statutory penalty of the crime of misappropriation of funds for a period of 10 years.
Four, crime of illegal loans
   Crime of illegal loans, refers to the financial institutions of the staff in violation of the provisions of the state, a huge amount of loans, or cause significant loss behavior.
   "Criminal law" the 186th paragraph first: a bank or other financial institution staff in violation of state regulations, a huge amount of loans, or cause a major loss, is less than five years imprisonment or criminal detention, a fine of ten thousand yuan one hundred thousand yuan fine; if the amount involved is especially huge or especially heavy losses are caused, the Department for more than five years in prison, a fine of twenty thousand yuan and two hundred thousand yuan fine.
"The provisions of the state," to "commercial bank law", "guarantee law", "general loans", "loan card management approach", "credit fund management approach", "contract law" and a series of laws, administrative regulations and departmental rules and regulations on credit management regulations. Including, "commercial bank law" article thirty-fifth "commercial bank loans, should the borrower's use of the loan, repayment ability, the mode of repayment of the strict review," thirty-sixth "commercial bank shall ensure the repayment ability, collateral, pledge on the ownership and value of realizing the right to mortgage, pledge the feasibility strictly review", fortieth "commercial banks may not grant fiduciary loans, guaranteed loans to the relationship between human conditions may not be better than other similar borrowers loan conditions", "loan general" section second "twenty-fourth the borrower under any of the following circumstances, may not grant loans to: (a) do not have the required the fourth chapter seventeenth of the general rules of the qualifications and conditions; (two) banned the production, operation or national investment products, project; (three) in violation of national foreign exchange management regulations; (four) the construction project according to the provisions of the State shall be reported to the approval of relevant departments and has not obtained the approval document; (five) production management or investment projects without permission of the environmental protection department; (six) in the implementation of contract, lease, joint venture, cooperation, merger, merger, separation Change, property rights transfer, joint-stock reform and system process, outstanding original loan debt, the implementation of the original loan debts or to provide a corresponding guarantee; (seven) there are other serious illegal acts." The relevant provisions, the CBRC for commercial bank credit, loan business regulation and other laws, regulations, departmental rules and regulations and other relevant provisions.
In the rural credit cooperatives, illegal loans mainly have the following several kinds of forms: the issuance of top bogus loans; loans to the body does not have the loan qualification, do not meet the conditions of the loan; not in accordance with the "law on commercial banks", "loan general" or the CBRC regulations on the use of the loan, the borrower repayment, repayment ability and guarantee measures strictly review, or not after the review or approval, beyond the scope of authorization, unauthorized loans; to the state banned production management or investment projects, products provide loan; a business or investment project loans to did not achieve the environmental protection department; to be reported to the approval of relevant departments according to the provisions of the state and not approval of construction project loans.
Five, crime of illegally granting loans to connections
　  Crime of illegally granting loans to connections, is a bank or other financial institution and its staff in violation of state regulations, loans to the relationship of human behavior.
   "The provisions of the state", and fourth with.
    The scope of "relationship", in accordance with the provisions of the criminal law and the "commercial bank law" provisions of article fortieth, refers to: (a) commercial bank's directors, supervisors, managers, credit business personnel and their close relatives; (two) the investment or in senior management positions in the company, enterprises and other economic organizations listed in the preceding.
"Criminal law" the 186th paragraph second: the bank or other financial institution staff in violation of state regulations, loans to the relations between people, in accordance with the "criminal law" provided for in the first paragraph 186th shall be given a heavier punishment.
   For the crime of illegal loans and the crime of illegally granting loans to connections, "third 186th" criminal law has stipulated the unit crime: where a unit commits the crime in the preceding two paragraphs (illegal loaning crime and crime of illegally granting loans to connections), shall be sentenced to a fine, and principal personnel directly responsible for the and other directly liable persons, shall be punished in accordance with the provisions of the preceding two paragraphs.
   The maximum statutory penalty of the crime of illegal loans is 15 years in prison, a fine of 200000 yuan fine.
Six, the absorption of client funds not recorded crime
   Absorption of client funds not accounted for the crime, is refers to the bank or other financial institution staff absorption customer funds not accounted for the amount is huge, or cause a major loss behavior.
"Absorption of customer funds not accounted for", refers to the bank or other financial institution work personnel, in violation of financial laws and regulations, to receive the customer's deposit not to deposit accounts of banks or other financial institutions, the accounts does not reflect the additional deposit business, only to provide customers a certificate behavior.
In the rural credit cooperatives, "absorption of customer funds not recorded" mainly in the following forms: use for storage or lending facilities, accepting deposits, take not accounted for, issued false certificates of deposit, the deposit funds from individual business activities or secured by credit agency name for the unit between illegal lending huge funds, or high sequestration after private lending.
    "Criminal law" the 187th stipulation: the bank or other financial institution staff absorption customer funds not accounted for the amount is huge, or cause a major loss, is less than five years imprisonment or criminal detention, a fine of 20000 yuan 200000 yuan fine; if the amount involved is especially huge or cause serious losses, more than 5 years in prison, a fine of 50000 yuan and 500000 yuan fine.
Absorption of client funds not accounted for the highest statutory sentence of 15 years in prison, a fine of 500000 yuan fine.
Seven, illegal issuing financial ticket
   Illegal issuing financial coupons crime, refers to the bank or other financial institution staff in violation of regulations, a letter of credit or other guarantee, bill, certificate, proof of credit for others, if the circumstances are serious behavior.
"In violation of the provisions of the relevant provisions", including the central bank and banking regulatory departments, including the system of internal management regulations. In order to strengthen the credit certificate management, put an end to the illegal financial institutions issuing financial bills, the state financial laws, regulations related to do strictly and explicitly stipulated the conditions and procedures issued by the.
   "Criminal law" the 188th stipulation: the bank or other financial institution staff in violation of regulations, a letter of credit or other guarantee, bill, certificate, proof of credit for others, if the circumstances are serious, is less than 5 years imprisonment or criminal detention; if the circumstances are especially serious, department for more than 5 years in prison.
The maximum statutory penalty illegal issuing financial coupons crime is sentenced to 15 years in prison, the unit can become the subject of the crime.
Eight, acceptance, payment, ensure the crime of illegal bill
   The illegal acceptance, payment, ensure the crime, is refers to the bank or other financial institution staff in bill business, in violation of the provisions of the negotiable instruments law, guarantee the payment or acceptance, causing significant damage behavior.
   In the rural credit cooperatives in the following forms: be forgetful of one's duties in bill business, not real, the relationship of entrusted payment drafts accepted; discontinuous on endorsement (achieved by lawful means other exception), the lack of formal requirements, signature and seal is not in conformity, ticket amount (text and digital records) not consistent, effective duration and other than in violation of the provisions of the negotiable instruments law on payment; not secured with property or property collateral value of negotiable instruments guarantee or acceptance.
"Criminal law" the 189th stipulation: the bank or other financial institution staff in bill business, in violation of the provisions of the negotiable instruments law, guarantee the payment or acceptance, causing major losses, is less than 5 years imprisonment or criminal detention; especially heavy losses are caused, the Department for more than 5 years in prison.
The maximum statutory penalty for illegal acceptance, payment, ensure the crime is sentenced to 15 years in prison, the unit can become the subject of the crime.
Nine, the crime of loan fraud
    Loan fraud crime, refers to the illegal possession for the purpose, with the method of fictitious facts or conceal the truth, by banks or other financial institutions loans, large amount of behavior.
"Criminal law" the 193rd stipulation: any of the following circumstances, for the purpose of illegal possession, defraud the bank or other financial institution loans, the amount is relatively large, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five years or ten years in prison, and fifty thousand yuan five hundred thousand yuan fine; if the amount involved is especially huge or other serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan and five hundred thousand Yuan fines or confiscation of property:
(a) Make the introduction of funds, project false reasons;
Two. Using false economic contracts;
Three. The use of false documents;
Four. Using false certificates of property rights or duplicate guarantee exceeding;
Five. Defrauding loans by other means.
According to the provisions of the Supreme People's court, the fraud of the loan of 10000 yuan of above is the "large amount".
    Ten, the bills defraud crime
The bills defraud crime, refers to the illegal possession for the purpose of financial instruments, the use of fraudulent activities, damage to the company, the enterprise or other unit, individual, other organizations and countries, the interests of the people, the large amount of behavior.
"Criminal law" the 194th stipulation: any of the following circumstances, financial fraud activities, the larger amount, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan the above five hundred thousand yuan of the following a fine; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property:
(a) Use forged, altered drafts, promissory notes, cheques and use;
Two. Knowing is voided drafts, promissory notes, cheques and use;
Three. Infringe upon the draft, promissory note, check;
Four. Issue of lip-service or seal is not in conformity with the cheque, cheat;
Five. Drafts, promissory notes issued no funds to ensure the drafts, promissory notes or making false records in the drawer, cheat;
    This article refers to the bill, is refers to the draft, promissory notes, cheques. Characteristics of crime of this crime is: 1, the crime is the bill management system, property right and bank, financial institutions legal bill holders of property rights, the interests of the state; 2, the crime is behavior person to use the following method of bill fraud in the objective aspect of the crime: (1) use forged, altered drafts a promissory note, check, and use; (2) that is voided drafts, promissory notes, cheques and use; (3) other people's draft, promissory note, check; (4) issued lip-service or seal is not in conformity with the cheque, diddle property; (5) drafts, promissory notes issued without guaranteed funds drafts, promissory notes or making false records, at the time of diddle property; the subject of crime, the crime is generally 3 individuals, including reached the age of criminal responsibility, the natural person and unit has the capacity of criminal responsibility; 4, in the subjective aspect of this crime was deliberately, knowing that their behavior is financial fraud, for illegal possession and intentionally, and want this to happen.
Eleven, to obtain a loan, bills acceptance, letter of credit, letter of guarantee crime
Cheating loan, bills acceptance, letter of credit, letter of guarantee of crime, refers to the cheating loan, bills acceptance bank or other financial institutions, credit, letter of guarantee, to the bank or other financial institutions caused heavy losses or other serious circumstances of the act.
"Deception" mainly refers to the process of applying for a loan, bills acceptance, letter of credit, letter of guarantee, there is a fictional facts, concealing the true situation, speak in superlatives.
In the rural credit cooperatives, defrauding loan acceptance, letter of credit, letter of guarantee is mainly a manifestation: applying for a loan, bills acceptance, letter of credit, letter of guarantee in the process of providing false financial information, capital, income or profits, virtual minus liabilities, costs and expenses; make false reasons made the introduction of capital, project the use of the loans; fiction; the use of false documents; to provide false guarantee.
"Criminal law amendment (six)" the provisions of article 175th: one to cheating loan, bills acceptance bank or other financial institutions, credit, letter of guarantee, to the bank or other financial institutions caused heavy losses or other serious circumstances, is less than three years imprisonment or criminal detention, and impose a fine or units; to the bank or other financial institutions especially heavy losses are caused or other especially serious circumstances, three years less than seven years imprisonment, fined.
Maximum statutory penalty of cheating loan, bills acceptance, letter of credit, letter of guarantee crime is sentenced to 7 years, and shall also be fined.
Twelve, crime of relending at high interest rate
    Crime of relending at high interest rate, refers to the loan for the purpose of profit, taking financial institutions funds relending others, illegal income amount big behavior.
"Criminal law" the 175th stipulation: the lending for the purpose of profit, taking credit funds from a financial institution and relending at others, the larger the amount of illegal gains, is less than three years imprisonment or criminal detention, and the illegal income more than five times the fine; if the amount involved is large, more than three years to seven years in prison, and the illegal income more than five times the amount of fines.
Crime of relending at high interest rate maximum statutory penalty of seven years in prison, and the illegal income more than five times the amount of fines