February** Dynamic Incentive Plan The whereabouts of funds are an important criterion for determining lending fraud, whether the borrower has the purpose of illegal possession, and the whereabouts of funds are divided into the following situations, the first case, dispose of other people's funds at will, and squander them at will. The second is absconding with money, which is worse than the first situation.
The third is to engage in illegal and criminal activities, which directly presumes from the law that it is the purpose of illegal possession.
The fourth is to invest in high-risk projects. For example, investment**, etc. For example, when I borrowed money, I said I wanted to invest in real estate, but after I got the money, I didn't use it for other real estate, I used it to invest in a hotel, because he originally said that it was going to be used to invest in real estate, and he ended up investing in a hotel, is it fictitious? is fictitious, but this can be regarded as fictitious in the sense of criminal law, so you can't assume that he has the subjective purpose of illegal possession.
The last situation is personal use, especially the repayment of personal debts, where there may be a problem of borrowing new to repay the old, and we also have to look at what debts are restored, whether the original debts are legal or illegal debts. It is necessary to determine whether there is an illegal possession purpose in an individual's private use, and whether there are normal production and business activities after taking the money and before misappropriation, and if it is said that he has normal production and business activities, it is generally not presumptive. However, if it is said that he is insolvent and has no ability to repay, and he still demolishes the east wall to make up the west wall, then it can basically be determined that he has an illegal possession purpose.