What are Signature Loans?

Impersonation loans refer to the staff of banks and other financial institutions, who use their facilities to implement loans in the name or fiction of others (or units), use their powers to take loans from others (or units), and seize all or part of the loans Corruption or misappropriation for personal use. There are four types of top-name loans, name-name loans, anonymous loans, and pseudo-name loans.

Impost loan

Right!

Impersonation loans refer to the staff of banks and other financial institutions, who use their facilities to implement loans in the name or fiction of others (or units), use their powers to take loans from others (or units), and seize all or part of the loans

There are four forms of imposter loans:

1. Top name loans

Means

(I) The nominal borrower and the actual user of the loan are inconsistent

The first is an impost loan. Part of the countryside

An impostor loan is a loan obtained through deception, which is a kind of hidden illegal and illegal loan.

An impostor loan refers to a person who actually needs a loan for various reasons, and cannot obtain the required loan from a credit cooperative through normal procedures, and thus takes an illegal loan from a credit cooperative in the name of another person. (The difference between an impersonated loan and an impersonated loan is that the person who knows and knows it without knowing it, and the nature of the impersonation loan is more serious.) The main forms of impersonation loans are as follows:

1.Some account managers of credit cooperatives are directly or indirectly engaged in business operations. When they need working capital, they often use self-approved loans to borrow loans (mainly by defrauding or forging lenders' ID cards and

The dangers of imposter loans can range from

I. Announcement and Reporting Law.

After the auditors enter the audited unit, they first communicate with the members of the audited team.

Top impostor loan formation time from 2000

(A) increase

1. Crime of misappropriation of funds.

In the objective aspect, this crime is manifested in the fact that the actor used the convenience of his position and misappropriated the funds of the unit for personal use or loan to others. , Conduct profit-making activities, or conduct illegal activities. Specifically, it contains the following two behaviors:

(1) Misappropriating the funds of the unit for personal use or lending to others, the amount is large and has not been repaid for more than three months. This is a lighter misappropriation. It is characterized by the misappropriation of funds of the unit by the actor using the convenience of his position. The purpose is mainly for personal use or loan to others, but it is not used for improper economic activities, and the amount of misappropriation is large and time More than three months without return. According to the provisions of the Supreme People's Court on the Interpretation of Several Issues concerning the Application of Laws in Criminal Cases Involving Bribery, Invasion, Misappropriation, etc. Violating Company Law, the misappropriation of the unit's funds of 10,000 to 30,000 yuan is a "large amount".

(2) Misappropriating the funds of the unit for personal use or lending to others, although not more than three months, but the amount is large, for profit-making activities, or for illegal activities. There is no restriction on whether such misappropriation is longer than three months and whether it is refunded. As long as the amount is large and it is a for-profit or illegal activity, it constitutes a crime. The so-called "for-profit activities" mainly refer to activities such as doing business, investing, buying stocks or bonds. The so-called "illegal activity". Refers to the use of funds for smuggling, gambling and other activities. The large amount here, according to the Supreme People s Court s Interpretation of Several Issues concerning the Application of Laws in Handling Criminal Cases Involving Bribery, Embezzlement, Misappropriation, etc. In Violation of the Company Law, refers to the misappropriation of funds from the unit of 5,000 yuan to more than 20,000 yuan of. The perpetrator must have one of the two acts described above to constitute the crime, and it is not necessary to have both. Criminal punishment and punishment for embezzlement of funds: Those who commit the crime of misappropriation of funds shall be sentenced to fixed-term imprisonment of less than three years or detained; those who misappropriate the funds of their own units shall be sentenced to imprisonment of three to ten years.

Second, the crime of embezzlement.

This crime refers to the behavior of a company, an enterprise, or another unit's personnel who, using the convenience of his position, illegally occupies his unit's property and belongings in a large amount.

(1) Definition of "company, enterprise or other unit". The "company" referred to here refers to non-state-owned limited liability companies and joint stock limited companies established in accordance with the "Company Law of the People's Republic of China"; the "enterprise" refers to non-state-owned non-state-owned enterprises that have undergone industrial and commercial administration in addition to the aforementioned companies. For-profit economic organizations with a certain amount of registered capital and a certain number of employees approved by the management authority; other units refer to non-state-owned social groups or economic organizations other than the above-mentioned companies and enterprises, including collective or private Institutions, and various groups.

The object of the crime of embezzlement is the property of a company, enterprise or other unit, including movable and real property. The so-called "movable property" refers not only to the money (including RMB, foreign currency, valued money) already under the possession and management of a company, enterprise, or other unit. Securities, etc.), and also includes the property that the unit has the right to possess but does not own, such as the debts owned by a company, enterprise or other unit.

(2) This crime constitutes the following three aspects:

1. Take advantage of your own position. The so-called use of the convenience of the post refers to the use of the authority and the post-related facilities. Power refers to the power within the scope of the position and position of the person, and the convenience conditions related to the position, refers to the convenience conditions formed by the person's power or status, although not directly using the position or the authority in the position, or Take advantage of office or positional convenience through other personnel.

2. Encroachment. The property of the unit refers to all property owned by the unit in accordance with law, including all real rights, intangible property rights and creditor's rights owned by the unit in its own name or although not owned in its own name. Its specific forms can be buildings, equipment, inventory goods, cash, patents, trademarks, etc. The so-called illegal possession is the use of various methods such as embezzlement, theft, and deception to turn the property of the unit into private ownership, which includes treating, using, and collecting the property of the unit that is legally held as its own. Possession is all behavior, whether it is first held and then owned, or not embezzled, stolen, or deceived, as long as it is essentially for the purpose of illegal possession and the use of the post This intentional expression of illegal possession was made, and a larger amount of standard was met to constitute the crime.

3. To a large extent If there is only a large starting amount of illegal appropriation of the property of companies, enterprises and other units, refer to the Supreme People's Court's Several Issues on the Application of Laws to Criminal Cases Violating Corporate Bribery, Embezzlement, Misappropriation, etc. The provisions of the "Interpretation" refer to the appropriation of property of companies, enterprises and other units of 5,000 yuan to more than 20,000 yuan.

Criminal punishment and punishment for the crime of embezzlement: Personnel of companies, enterprises or other units, using the convenience of their posts, illegally occupy the property of the unit as an existing, large amount, and imprisoned or detained for a term of less than five years. They can be sentenced to more than five years in prison and their property can be confiscated. With reference to the interpretation promulgated by the Supreme People's Court, the choice range of "5,000 to 20,000 yuan" is set for larger amounts, and 100,000 yuan is used as the starting point for huge amounts.

Third, the crime of loan fraud.

This crime refers to the act of defrauding a bank or other financial institution with a large amount of money for the purpose of illegal possession. There are five types of fraudulent loans:

(1) Fabricating false reasons such as the introduction of funds and projects;

(2) using false economic contracts;

(3) using false certification documents;

(4) using false proof of property rights as a guarantee or repeated guarantees exceeding the value of the collateral;

(5) Fraudulent loans by other methods, such as forging seals and stamps to obtain loans.

According to a common understanding, the deliberate intention of loan fraud is when signing a loan contract. If illegal possession deliberately occurs after legally obtaining a loan and before repaying the principal and interest of the loan, can it constitute a loan fraud? This situation is controversial in judicial practice, and there are opinions that the subjective intention of the crime of loan fraud can only occur before the fraudulent loan is implemented. Judging from the above-mentioned several types of fraud, the subjective intention of the actor in fraudulent loans was generated before the signing of the loan contract. But this kind of view only focuses on the external form of fraudulent behavior, and ignores the essence of fraudulent behavior, that is, "for the purpose of illegal possession". So this view is one-sided. As long as the actor has the purpose of illegally possessing a loan from a financial institution, whether it was intentionally incurred before the borrowing or before the loan was repaid with all the principal and interest, the crime of loan fraud can be constituted. Therefore, the subjective and intentional occurrence of loan fraud should have two situations: one is before the application for a loan, which is the most common and typical form of loan fraud; the other is after the loan is obtained legally Before returning the principal and interest of the loan. Although the actor did not use deceptive methods when applying for a loan, after the loan was obtained, before the loan principal and interest were returned, the use of various methods to occupy the loan was still a loan fraud.

Criminal penalties and sentencing for loan fraud: In one of the above five cases, for the purpose of illegal possession, fraudulent loans from banks or other financial institutions, if the amount is large, shall be sentenced to fixed-term imprisonment of not more than five years or detained, and shall be sentenced to more than 20,000 yuan A fine of less than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of five years to ten years and a fine of 50,000 to 500,000 yuan; if the amount is particularly large or there are other particularly serious circumstances, They shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and a fine of 50,000 to 500,000 yuan or confiscation of property.

4. Crime of granting loans illegally.

This crime refers to behaviors in which banks or other financial institutions and their staff violate the laws and administrative regulations, neglect their duties, or abuse their powers, and issue loans to others other than their affiliates, causing significant losses. This crime is manifested objectively in violation of laws and administrative regulations, neglecting duties or abusing powers, granting loans to people other than related parties, and causing significant losses.

The subject of this crime can only be composed of Chinese-funded commercial banks, trust and investment companies, enterprise group service companies, financial leasing companies, urban and rural credit cooperatives, and other financial institutions operating loan businesses established in China, and the staff of the above-mentioned financial institutions. .

(1) Violation of relevant laws and administrative regulations refers to violations of the Commercial Bank Law, the Guarantee Law, the General Rules on Loans,

Provisions on credit management in all laws or administrative regulations, such as the Measures for the Administration of Loan Certificates, the Measures for the Management of Credit Funds, the Contract Law, and so on. For example, whether the borrower meets the requirements of the relevant loan should be reviewed without review; according to the law, the credit rating of the borrower and the safety, legality, and profitability of the borrower should be investigated and evaluated, but not investigated and evaluated; Signing a loan contract without signing a contract; although the borrower's eligibility has been reviewed, whether the review is so careless and should be engaged in, and a qualified decision is made without careful, detailed, comprehensive and in-depth review; knowingly apply for the borrower Not eligible, but in order to grant them a loan, they lied to the leader about approving the loan or concealed the truth;

Knowing that the borrower does not meet the conditions, but due to human relationships or accepting the borrower's bribes and certain benefits, he used his authority to issue loans to him without authorization; in violation of the People s Bank of China s loan interest rate limits, he raised the loan interest rate and relaxed others. Provide loans under conditions; sign a loan contract, use the powers of your hand to instruct or personally not clarify some important terms such as repayment period, repayment method, and liability for breach of contract; exceed your powers and authorize the grant of loans without authorization; etc.

(2) Illegal loans to people other than related parties have caused major losses. If no actual losses have occurred, or if there are losses but not major losses, this crime cannot be constituted. According to the Supreme People's Court's "Minutes of the National Court Work Forum on Hearing Financial Crimes," the provisions on the trial of illegal loan issuance: Banks or other financial institution staff violated laws and administrative regulations by issuing loans to people other than related parties, causing 50 Losses of more than RMB 1 million to RMB 1 million can be regarded as causing significant losses.