贷款诈骗
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“职业背债”,馅饼还是陷阱?
Xin Lang Cai Jing· 2026-01-06 17:29
刑法第二百二十四条规定,有下列情形之一的,构成合同诈骗罪:以非法占有为目的,在签订、履行合 同过程中,骗取对方当事人财物,数额较大的,构成合同诈骗行为,以虚构的单位或者冒用他人名义签 订合同的;以伪造、变造、作废的票据或者其他虚假的产权证明作担保的;没有实际履行能力,以先履 行小额合同或者部分履行合同的方法,诱骗对方当事人继续签订和履行合同的;收受对方当事人给付的 货物、货款、预付款或者担保财产后逃匿的;以其他方法骗取对方当事人财物的。 "没有风险""安全,不判刑"是否属实呢?实际上,不管角色如何变化,这二者都要承担民事、刑事双罚 的法律责任。 首先,"职业背债人"需要承担偿还欠款的民事责任,即使他们可能是被利用的一方。以全国首例判 令"职业闭店人"承担清算责任进行民事赔偿案件为例,法院从"职业闭店人"提交虚假清算报告骗取登记 机关注销公司的角度,最终判令其承担民事责任。 2025年5月,最高人民法院发布的《关于审理预付式消费民事纠纷案件适用法律若干问题的解释》(以下 简称《解释》)开始施行,为被社会大众关注已久的培训班、美容店等预付式消费机构闭店跑路问题建 章立制,以专门条款规制其卷款跑路行为。《解释》第二 ...
“富太太”的圈钱局 涉六罪一审被判有期徒刑十七年
Xin Lang Cai Jing· 2026-01-02 06:06
300万元贷款从天而降 80后姚某曾在英国留学,经营着一家实际上无任何项目的贸易公司。2020年,一次朋友聚会上,在国企工作的小飞和姚某相识。在小飞眼里,姚某是妥妥 的"白富美",这是因为姚某穿着奢华,自诩是金融投资人,丈夫是某知名集团的继承人。 2022年1月,一次聊天中,姚某向小飞透露自己丈夫的公司即将在国外上市,可以连带相关附属企业一并上市,因她名下公司过多,问小飞能不能代为充 当一家新成立公司的法定代表人,并许诺相应报酬。小飞心动了,将注册公司法定代表人所需的材料提供给姚某。同月,小飞成为一家公司挂名的法定代 表人。 2022年2月26日,为感谢小飞的帮助,姚某请他吃饭,同行的还有她的"朋友"谭某、李某(两人实际为贷款中介)。饭局上,姚某一边与小飞聊天,一边 以公司变更登记为由,让谭某、李某用小飞的手机操作,并要求小飞刷脸。出于对姚某的信任,小飞并未细看就照办了。 然而,几个月后,小飞收到了某金融机构催促他偿还300万元贷款的信息。这时,他才发现自己和挂名法定代表人的公司向某金融机构贷款300万元。 小飞意识到被骗了,多次联系姚某无果后,于2023年12月向当地派出所报警。 公安机关调查发现,姚某等人 ...
“白富美”竟是老赖!“80后”女子假冒富豪妻子骗贷1690余万元,涉六罪一审获刑17年
Xin Lang Cai Jing· 2026-01-02 05:02
投行精英、公司老板、富豪丈夫旗下企业即将上市……姚某打造"白富美"人设,注册空壳公司,联合员 工张某及贷款中介谭某、李某,利用被害人挂名法定代表人的身份骗取金融机构贷款1690余万元。 经江苏省苏州市相城区检察院提起公诉,2025年12月23日,法院以贷款诈骗罪,合同诈骗罪,盗窃罪, 洗钱罪,信用卡诈骗罪,伪造公司、企业印章罪,数罪并罚,判处被告人姚某有期徒刑十七年,并处罚 金62.5万元;以骗取贷款罪、贷款诈骗罪、洗钱罪分别判处被告人李某、张某有期徒刑二年六个月、一 年十个月,各并处罚金4万元;以骗取贷款罪判处被告人谭某有期徒刑二年三个月,并处罚金3万元。 300万元贷款从天而降 80后姚某曾在英国留学,经营着一家实际上无任何项目的贸易公司。2020年,一次朋友聚会上,在国企 工作的小飞和姚某相识。在小飞眼里,姚某是妥妥的"白富美",这是因为姚某穿着奢华,自诩是金融投 资人,丈夫是某知名集团的继承人。 2022年1月,一次聊天中,姚某向小飞透露自己丈夫的公司即将在国外上市,可以连带相关附属企业一 并上市,因她名下公司过多,问小飞能不能代为充当一家新成立公司的法定代表人,并许诺相应报酬。 小飞心动了,将注册公 ...
拉萨一银行紧急报警!
Xin Lang Cai Jing· 2025-12-20 17:02
Core Viewpoint - The article reports on the successful resolution of a major loan fraud case in Lhasa, involving 30 suspects and a total amount of over 8.66 million yuan, marking the first complete resolution of such a financial crime in the region [1]. Group 1: Case Overview - The Lhasa Public Security Bureau's Economic Crime Investigation Team uncovered a significant loan fraud case after nearly six months of investigation, leading to the arrest of 30 suspects across 9 provinces and over 20 cities [1][6]. - The fraud involved the use of forged documents to obtain loans, with a specific incident where 17 individuals defrauded a bank of 6.69 million yuan [2]. Group 2: Investigation Process - The investigation revealed two organized crime groups, one led by a suspect named Yuan and the other by a suspect named Wang, indicating a well-structured and professional loan fraud operation [3]. - The operation involved extensive data integration from various sectors, including banks and car dealerships, to identify the criminal networks [3]. Group 3: Arrest and Legal Proceedings - A coordinated effort across multiple provinces led to the identification and arrest of the suspects, despite challenges such as strong counter-surveillance tactics and violent resistance from some core members [5][6]. - The investigation resulted in a high prosecution rate, with 22 out of 23 suspects approved for arrest by the Lhasa People's Procuratorate, reflecting the judicial system's recognition of the investigation's thoroughness [9]. Group 4: Financial Impact and Recovery Efforts - The fraud resulted in significant financial losses for three banks operating in Lhasa, with ongoing efforts to recover stolen funds, including the successful retrieval of 582,000 yuan [12]. - The investigation emphasized the importance of both solving the case and recovering lost assets to protect the financial security of the community [12].
又见贷款诈骗案!假材料、假话术、假场所,致甘肃银行、兰州农商银行85万贷款被骗
Xin Lang Cai Jing· 2025-12-16 00:44
Core Insights - The case highlights a significant loan fraud scheme involving fabricated documents and training for borrowers to deceive banks, resulting in a total of 85,000 yuan in fraudulent loans [2][10][11] Group 1: Fraud Scheme Details - The fraudsters created a complete set of false documents, including business licenses and property certificates, to present an unqualified individual as a legitimate business representative [3][4] - The scheme involved training the borrowers on specific scripts to respond to bank inquiries, ensuring a higher chance of loan approval [3][4][11] - The fraudulent activities were executed in multiple phases, with the first successful loan of 250,000 yuan from a bank followed by a second loan of 300,000 yuan, showcasing a systematic approach to the fraud [4][5][10] Group 2: Legal Proceedings and Outcomes - The court found the defendants guilty of loan fraud, with sentences of five years for one individual and seven years for another, along with financial penalties and restitution orders to the affected banks [6][8] - The investigation revealed that the banks failed to conduct thorough checks on the authenticity of the loan applications, leading to the approval of loans based on incomplete verification processes [12][13] Group 3: Industry Implications - The case underscores the growing trend of loan fraud, which has become more sophisticated and organized, targeting vulnerable populations and exploiting weaknesses in bank verification processes [10][11] - Regulatory bodies are intensifying efforts to combat loan fraud, with recent penalties imposed on banks for inadequate loan management practices, indicating a push for stricter compliance and oversight in the financial sector [13]
起底“职业背债人”的灰色产业链
Yang Guang Wang· 2025-12-09 03:38
Core Viewpoint - The rise of "professional debtors" has become a significant concern in the financial sector, characterized by organized, online, and cross-regional fraudulent activities aimed at obtaining loans through false documentation and identity manipulation [1][2]. Group 1: Overview of Professional Debtors - "Professional debtors" are individuals who incur long-term debts and become untrustworthy or engage in criminal activities to gain high returns, often at the expense of their financial integrity [1]. - The phenomenon has been facilitated by the development of financial markets and credit systems, leading to a structured approach to fraud [1]. Group 2: Case Study of Loan Fraud - A bank employee, Chen Chen, exhibited unusual behavior, prompting an investigation that revealed over 20 loan applicants had used forged documents to secure loans [2]. - The investigation identified a large illegal loan brokerage network that recruited individuals with good credit records to act as debtors, facilitating loan applications [2][3]. Group 3: Methods of Operation - The fraudsters utilized social media platforms to attract clients, specifically targeting individuals with clean credit histories, referred to as "pure white households" [2]. - Loan officers played a crucial role in the approval process, often receiving kickbacks for facilitating fraudulent loans [2][3]. Group 4: Individual Experiences - Wang Kefe, a participant in the scheme, was lured by promises of easy loans without repayment obligations, leading him to become a "debtor" [4][5]. - The process involved providing false personal information and using fabricated documents, such as fake divorce certificates, to mislead banks during loan applications [5][6]. Group 5: Systemic Issues - The investigation revealed systemic flaws in the bank's loan approval process, where minimal verification of documents allowed fraudulent applications to pass through [11][12]. - The lack of stringent internal controls and oversight within banks contributed to the prevalence of such fraudulent activities [16]. Group 6: Consequences and Responses - Many individuals involved in the scheme were aware of the illegality of their actions but were driven by financial desperation and the allure of quick profits [15][17]. - Law enforcement has highlighted the need for improved verification processes and better collaboration between financial institutions and police to combat such fraud [16].
千万骗贷案宣判:包装“一条龙”,职业背债人就是这样成为工具
Bei Ke Cai Jing· 2025-09-15 14:14
Core Viewpoint - The article highlights a significant case of loan and credit card fraud involving a group led by an individual named Ning, who exploited vulnerable individuals labeled as "professional debtors" to commit financial crimes, resulting in substantial financial losses and legal consequences for those involved [1][5]. Summary by Sections Case Overview - The case involves Ning and accomplices who targeted individuals without repayment ability and lacking housing purchase qualifications, packaging them as "debtors" to facilitate fraudulent loan applications [2]. - The total amount defrauded through loans reached over 7.38 million yuan, while credit card fraud involved over 5.75 million yuan, leading to a combined fraud amount exceeding 10 million yuan [3][4][5]. Legal Consequences - Ning was sentenced to 16 years in prison and fined a total of 800,000 yuan for his roles in loan and credit card fraud [5]. - Other accomplices received varying sentences ranging from 3 to 11.5 years, along with fines [6]. Risks for Debtors - Individuals labeled as "professional debtors" face severe risks, including high debt burdens, damaged personal credit, and potential legal repercussions for failing to repay loans [7]. - Debtors involved in fraudulent activities, such as falsifying documents to obtain funds, may be charged with serious crimes, including fraud and money laundering [8].
金融“黑灰产”首批典型案例公布,包装“职业背债人”骗贷案在列
Bei Jing Shang Bao· 2025-09-15 09:59
Core Viewpoint - The financial regulatory authorities and the police in China are intensifying efforts to combat illegal financial activities, particularly focusing on loan and credit card fraud schemes involving illegal loan intermediaries [1][2]. Group 1: Case Details - A case involving Ning and others was highlighted, where they engaged in loan fraud and credit card fraud by creating "professional debtors" and falsifying documents to secure loans [1]. - From July 2019 to May 2020, the defendants defrauded a total of over 7.38 million yuan through fraudulent loans and credit card applications, with 5.75 million yuan in principal still outstanding at the time of the incident [1][2]. Group 2: Legal Consequences - In March 2025, the court sentenced Ning to 16 years in prison and imposed fines totaling 800,000 yuan for loan and credit card fraud [2]. - Other defendants received varying sentences ranging from 3 to 11.5 years, along with fines, indicating a structured approach to sentencing based on the severity of involvement in the crimes [2]. Group 3: Industry Impact - The rise of illegal loan intermediaries has led to significant economic losses and has disrupted the financial management order in the country, posing a threat to national financial security [2]. - The criminal activities are characterized by a systematic approach, with intermediaries playing a crucial role in orchestrating fraud, which has serious social implications and necessitates legal action [2][3]. Group 4: Handling of Offenders - The authorities emphasize a tiered approach to handling offenders based on their level of involvement, advocating for harsher penalties for key players while considering leniency for those with lesser roles who cooperate with investigations [3].
多地密集披露职业背债人案例:产业链分工明确,有的骗贷上亿
Di Yi Cai Jing· 2025-08-18 00:16
Core Viewpoint - The emergence of "professional debtors" in the gray area of the credit market, who are manipulated by intermediary agencies to extract loans from banks, has created a complex network of financial crime [1][2][7]. Group 1: Characteristics of Professional Debtors - Professional debtors are a diverse group, including low-income individuals, unemployed people attracted by high earnings, and small business owners facing financial difficulties [2][3]. - Many professional debtors, referred to as "credit white households," have good credit histories and no assets, making them ideal candidates for intermediaries to exploit [2][3]. Group 2: The Role of Intermediaries - A well-organized network of intermediaries is involved in the process, including introducers, channel merchants, and operational intermediaries, all working together to facilitate loan acquisition [6][7]. - Intermediaries often promise high returns to professional debtors but take a significant portion of the loan as commission, leaving the debtors with minimal actual earnings [9][10]. Group 3: Legal Implications and Risks - Professional debtors face severe legal consequences, including potential charges of fraud, illegal fundraising, and money laundering, as they assist in fabricating documents to secure loans [10][11]. - Recent cases show that both intermediaries and professional debtors are subject to criminal penalties, with sentences for intermediaries often exceeding ten years [12].
“200万买断人生”?多地曝光“职业背债人”灰色产业链→
Di Yi Cai Jing Zi Xun· 2025-08-17 11:15
Core Viewpoint - The emergence of "professional debtors" in the gray area of the credit market, who are exploited by intermediary agencies to obtain bank loans, has led to a complex network of financial crimes [2][3][4]. Group 1: Characteristics of Professional Debtors - Professional debtors come from diverse backgrounds, including low-income individuals, unemployed people seeking high salaries, and small business owners facing financial difficulties [3][4]. - Many professional debtors are referred to as "white households," characterized by good credit and no significant assets, often residing in rural areas [3][4]. - The motivation for becoming a professional debtor often stems from the desire for quick financial gain, with some individuals willing to sacrifice their creditworthiness for substantial short-term profits [4][5]. Group 2: The Role of Intermediaries - A well-organized network of intermediaries is involved in the process, including introducers, channel merchants, and operational intermediaries, all working together to facilitate loan applications [6][7]. - Intermediaries often mislead professional debtors about the risks and potential earnings, leading them to believe they can earn significant sums while downplaying the legal consequences [10][12]. - The financial rewards for professional debtors are often much lower than promised, with intermediaries taking a substantial cut of the loan amounts [10][11]. Group 3: Legal Implications and Risks - Professional debtors face serious legal risks, including potential charges of fraud, illegal fundraising, and money laundering, as they assist in fabricating documents to secure loans [12][13]. - Recent cases show that both intermediaries and professional debtors can face significant prison sentences, with intermediaries often receiving harsher penalties [14][15]. - The legal framework surrounding loan fraud in China indicates that the severity of penalties is closely tied to the amount of money involved in the fraudulent activities [13][14].