Is there fraud involved in non-payment of loans?
Private lending is a very common behavior, due to the borrower's ability to repay the loan, after borrowing often the borrower owes money and does not repay, at this time, more resort to sue the borrower to return it. Ordinary civil borrowing is usually not within the scope of the public security organs. Under what circumstances is it considered that the borrower's loan is fraudulent?
Fraud mainly refers to the act of defrauding public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. From the perspective of criminal composition, the determination of fraud usually has: 1the purpose of unlawful possession; 2.Acts of fictitious fact.
The purpose of illegal possession is usually difficult to prove directly, and it is a side presumption, and its presumption is also closely related to the fictitious factual act, which is analyzed before, during, and after borrowing, and it is not a single situation that can be directly determined, and a variety of circumstances need to be synthesized together
1.Was there any fictitious reason for borrowing before and at the time of borrowing? (2020) Liao 05 Xingzhong No. 112 Criminal Ruling Hu Mou's fraud case is a fictitious investment project before borrowing money to defraud property.
2.Is there any repayment ability when borrowing? Is there any concealment of repayment ability? If there are no assets at the time of borrowing, but falsely claiming that you have assets such as real estate or vehicles to secure it, it may be considered that you have the purpose of illegal possession.
3.Is there any fictitious purpose for borrowing?
4.Do you hide your true information when borrowing? For example, the use of false names, false numbers, etc., makes it impossible for the lender to find the borrower.
5.Did you run away after borrowing?
6.After borrowing, did you not use the money according to the purpose of the loan, and did you conceal or squander the property? If the borrowed money is used for gambling or squandering, such as in the case (2019) Zhe Xing Zhong No. 461, the defendant concealed the fact that he used the borrowed funds for gambling and other squandering activities and was unable to repay, and believed that there was an illegal possession purpose, which constituted fraud.
7.Is there any repayment behavior after borrowing? If not, what is their attitude towards repayment? If you take a positive attitude to pay the interest as agreed or repay the loan as planned, you will be deemed to have no purpose of unlawful possession.
Wen Ying Kelly lawyer.
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