The Research Of The Crime With The Non-Crime About The Crime Of Cheating Loan

This paper analyzed several problems of the crime with thenon-crime about the crime of cheating loan，including four parts. The mainpoints are as follows: it must have a casual relationship between cheatingand getting loan in crime of cheating loan. The key which distinctionbetween crime of cheating loan and crime of fraud for loans, crime ofcontractual fraud or crime of transfer of usurious loan, is whether theconduct has the purpose of illegal possession or lending profit. The unitwho has purpose of illegal possession in cheating loan should be punishedcrime of contractual fraud. The perpetrator of illegal possession or notto purpose of cheating loan lending for profit, but later produces illegalpossession loans or lending for profit purposes, should be punished crimeof fraud for loans or crime of transfer of usurious loan, and he whoconducted behavior over the limit of common crime of cheating loan, shouldbear the criminal responsibility of excess.