Judicial Recognition Of Loan Fraud

In this paper," The Judicial Determination of Loan Fraud " as the subject,combined with real life allegedly occurred in the case of Loan Fraud,in judicial practice focuses on how to accurately grasp the loans loans occurred during the crime of fraud and non-crime.Tease out the academic and judicial practice exists for Loan Fraud identified several outstanding contentious issues,while the author himself raised controversy for judicial determination Loan Fraud insights and ideas.In this article a total of four chapters:The first chapter is an introduction scenario.Cases cited article introduces the basic facts of the case and the parties during the proceedings of the grounds of appeal,the parties alleged loan fraud case key facts and circumstances described clearly summed case the main controversial points:First,the behavior of people to credit unions acts belonging to the unit to apply for loans or personal loans lending behavior behavior.Second,whether the perpetrator subjective purpose of illegal possession loans and intentional.The second chapter of the case to discuss how to identify the main points at issue unit credit fraud.How to identify the unit credit fraud exist " units and individuals shall not constitute a crime," " units and individuals constitute one contract fraud" and " individuals constitute loan fraud,the unit does not constitute a crime," the debate.I believe that the units and individuals constitute one contract fraud.Therefore,in this case the perpetrator's behavior to apply for loans to credit unions belonging to the unit rather than the personal loan lending practices act,rather than Loan Fraud Unit of the main crime.Chapter ? of the case of the main points at issue discusses how to identify the purpose of illegal possession.How to determine whether there is purpose of illegal possession and illegal possession of purpose arises when the most controversial.I believe that from the" when applying for loans,the behavior of one's own ability to repay there is no clear understanding,"" the act in obtaining a loan after loan purpose " and " the perpetrator of the loan repayment mental attitude " three aspects to grasp the purpose of the existence of illegal possession,while the purpose of illegal possession time should be produced before a loan issued by financial institutions.Therefore,the perpetrator is not subjective purpose of illegal possession loans.Chapter ? of the case of the main points at issue gives rise to another discussion of related issues:how to identify fraudulent loans in other ways.For other ways to implement a range of loan fraud should define whether the law from the act stipulates loan fraud before four essential characteristics of the behavior is the same as to grasp.Finally,the case and the second,third and fourth chapters of analysis and discussion,conclusions.