How to determine the illegal gains of the crime of usury refinancing, but not actually obtained?

The crime of usury on-lending refers to the act of obtaining credit funds from financial institutions and then lending them to others at usurious interest for the purpose of relending for profit, resulting in a relatively large amount of unlawful gains.

Legal analysis

1. The amount of unlawful gains from usury on-lending is 100,000 yuan or more; Clause.

2. Although the amount of more than 100,000 yuan has not been reached, but within two years, he has received more than two administrative penalties for usury re-lending, and then a new usury re-lending behavior is carried out. The practice of usurious on-lending is widespread in some parts of China, and this kind of behavior has seriously undermined China's financial order and is very harmful. Whoever takes credit funds from financial institutions for the purpose of relending for profit and re-lends them to others at usurious interest shall be prosecuted if any of the following circumstances are suspected:

1. Personal usury reloans, and the amount of illegal gains is more than 50,000 yuan;

2. Units relending at usurious rates, and the amount of illegal gains is more than 100,000 yuan;

3. Although the above-mentioned amount standard has not been reached, but due to usury re-lending, they have received administrative punishment for two or more times, and then re-lend at usury.

The actual interest earned or the bank interest to be deducted is not clearly stated in the relevant law. From the previous article of the Shanghai procuratorate: "the amount of illegal gains is relatively large" required to constitute this crime actually refers to the difference between the remuneration obtained from usury on-lending and the interest payable to financial institutions on loans.

Legal basis

Criminal Law of the People's Republic of China: Article 175: Where credit funds from financial institutions are obtained at usurious interest for the purpose of relending for profit, and the amount of unlawful gains is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and a fine of between 1 and 5 times the amount of unlawful gains is to be given; where the amount involved is huge, the sentence is between three and seven years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention. Article 175-1 Whoever fraudulently obtains loans, acceptances of bills, letters of credit, letters of guarantee, etc., from banks or other financial institutions, causing major losses to banks or other financial institutions, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; Whoever causes especially heavy losses to banks or other financial institutions or has other especially serious circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where usury re-lends illegal gains, but are not actually obtained, mitigating circumstances should be applied in the sentencing of criminal trials, and it is recommended that a lawyer be consulted to handle matters in accordance with law. FYI.

Where the crime of on-lending is illegally gained, but is not actually obtained, the sentence may be commuted. There is also a penalty because you have already paid for the action, but you have not been paid.

Even if for some reason the suspect did not actually obtain illegal gains, but his act has already existed, his crime will still be established.

In the case of illegal gains from the crime of usury, this is based on his profits.

The crime of usury, the actual acquisition of the unit of illegal gains, which is basically a form of non-tax. Those who can be given a lighter sentence.

How to determine that the usury is the illegal income of the crime of re-lending, but the illegal income of the crime of relending is not actually obtained, you can check the record.

Usury relending and the most illegal are combined, but there is no actual how to plead guilty, because there is no actual most there is no mitigation.

The crime of usury is considered guilty regardless of whether the illegal gains have been obtained or not.

Hello, how to determine this situation, you also need to go to the court to ask a judge or a professional lawyer.

How to determine how to determine the illegal gains of the crime of usury refinancing, but have not actually obtained it, as long as you have this intention, the law will deal with it according to the circumstances.

Legal Analysis: Determination of Illegal Profits from the Crime of Usury Refinancing: First of all, it is necessary to determine whether it is an act for the purpose of relending for profit. In addition, when sentencing, it is necessary to consider the severity of the sentence based on various factors such as the source of funds and the amount of money.

Legal basis: Article 175 of the Criminal Law of the People's Republic of China: Whoever, for the purpose of relending for profit, takes credit from financial institutions and deferred funds to lend to others at usurious rates, and the amount of unlawful gains is relatively large, is to be sentenced to up to three years imprisonment or detention for model labor, and a concurrent fine of between 1 and 5 times the amount of unlawful gains; where the amount involved is huge, the sentence is between three and seven years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention.

China's Criminal Law has made clear provisions on the criteria for determining the illegal gains of usury on-lending. Under normal circumstances, the determination of illegal gains for the crime of usury and on-lending is generally as follows:

1. The amount of unlawful gains from usury on-lending is 100,000 yuan or more; Clause.

2. Although the amount of more than 100,000 yuan has not been reached, but within two years, he has received more than two administrative penalties for usury re-lending, and then a new usury re-lending behavior is carried out. The following elements are met to determine that the crime of usury on-lending is constituted:

1. The direct object of the infringement is the state's order for the issuance of credit funds and the management of interest rates.

2. The subject is a special entity, i.e., the borrower, that is, an enterprise (institution) legal person, other economic organization, individual industrial and commercial household, or a natural person with full civil capacity with the nationality of the People's Republic of China who has been approved and registered by the administrative authority for industry and commerce or the competent authority.

3. Subjectively, it can only be constituted intentionally, and the purpose is to re-lend for profit. The core requirements for judging the crime of usury and on-lending are: taking credit funds from financial institutions and lending usurious to others.

The so-called arbitrage refers to fabricating legitimate reasons or using false business to defraud bank funds. From the point of view of the composition of the crime, the perpetrator must be intentional. "Where the perpetrator takes credit funds from financial institutions and ostensibly uses that part of the funds for the sale of production and business, but lends his own money to others at usury, and the amount of unlawful gains is relatively large, it shall be found to be this crime" is a scholar's theoretical interpretation as I understand it, and it is not based on legal provisions.

Further information: The crime of usury on-lending refers to the act of taking credit funds from financial institutions and then lending them to others at usury for the purpose of re-lending for profit, and the amount of illegal gains is relatively large.

Legal basis: Article 175 of the Criminal Law of the People's Republic of China stipulates that whoever takes credit funds from financial institutions for the purpose of relending for profit and re-lends them to others at usurious interest, and the amount of unlawful gains is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and shall also be fined not less than one time but not more than five times the amount of unlawful gains; where the amount involved is huge, the sentence is between three and seven years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains.