The crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, which causes heavy losses to banks or other financial institutions or has other serious circumstances. The statutory punishment for this crime is: fixed-term imprisonment of not more than three years or criminal detention, and a fine or a single fine; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. This crime is different from loan fraud. The subjective aspect of this crime is intentional, the subject of the crime is natural persons and units, the object is to undermine the national financial management order, and the objective aspect is to cause great losses to banks or other financial institutions.
If the loan is cheated, you should contact the local public security department for the first time. And pay attention to quickly collect relevant evidence, such as contracts, receipts, IOUs, contact information, chat records, photos, addresses, etc. The more detailed, the better.
When the police report the case, you can also pay attention to whether other people also report the case for the same loan fraud, so that you can jointly recover it. If you only report the case yourself and the amount of fraud is not large, the public security organ may not file a case. If customers find problems during the loan process, they can also report them to the financial association.
Everyone should pay more attention when handling loans at ordinary times. The loan market is mixed, and you may encounter fraudsters and loan sharks if you are not careful. Therefore, it is better for people to go to banks for loans, or choose large-scale formal lending institutions and platforms with financial licenses, rather than those small institutions and platforms for loans. Small institutions are risky and easy to be cheated or fall into the trap of usury. Common online loan fraud methods mainly include the following:
1. Freeze the loan funds on the grounds that the provided bank card number is incorrect, and ask the customer to pay the unfreezing money before unfreezing the loan funds; Or directly ask the customer to pay the deposit. In fact, after the customer pays the money, the platform is likely to "roll the money and run away" directly. Even if the money is released later, the fees paid by the customers will not be refunded. The platform is actually charging "beheading interest" in disguise.
2. Collect membership fees under the slogan that opening membership can make the loan pass the examination and approval smoothly. In fact, after the customer pays the money to open the membership, the loan may not pass, but the membership fee cannot be refunded.
3. Ask the customer to charge a sum of money into the bank card bound to the platform on the grounds of confirming the repayment ability before the loan. However, after the customer fills the money, the other party is likely not to lend money, and will directly deduct money from the card to "run away".
4. Deliberately lock the repayment channel when the repayment date approaches, so that customers can't repay on time, thus charging high penalty interest.
5. Deceive customers to lend money under the guise of "the daily interest rate is as low as XX", but finally lend money at high interest rate.