If the online loan is unable to be repaid, how long will the mobile phone loan be overdue will be se

If a mobile phone loan is overdue, it generally only involves civil litigation and will not be sentenced, and only suspected of loan fraud can be sentenced.

Legal provisions: Article 193 of the Criminal Law of the People's Republic of China.

In any of the following circumstances, fraudulently defrauding banks or other financial institutions of loans for the purpose of illegal possession, and the amount is relatively large, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine of between 20,000 and 200,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given.

The first thing to say is that whether a mobile phone loan will go to jail depends on whether you are overdue. If you deliberately overdue or have fraudulent behavior, you will be held legally responsible, but the general microloan overdue will not result in jail time. However, this does not mean that the mobile phone loan can not be repaid.

Because even if you don't go to jail and don't pay it back, you will face the following problems.

1. Affect credit reporting. The credit report on the mobile phone loan will report the personal overdue record to the central bank, resulting in a stain on your credit record, and for some loans that are not on the credit report, it will be included in the ranks of bad credit in the industry, so that it will not be so easy to get a loan in the future.

2. Affect the amount of increase, mobile phone loan is not repaid, serious impact on the increase of the limit, unlucky friends may reduce the loan amount.

3. Affect the sesame credit score, the mobile phone loan not only depends on your credit record, but also needs to look at your sesame credit score.

4. Affect life, it is not uncommon for loans not to be repaid, although the amount of mobile phone loans is small, but the harassment of ** will not be less, your family and work will also be affected, and for the dishonest people, travel will be restricted, which can be described as more than worth the loss.

Generally, there will be no sentence, and at most it will be blacklisted after prosecution.

Legal Analysis: If the debtor is truly unable to repay a huge debt, he will generally not go to jail. If the debtor is truly unable to repay the debt, it may negotiate with the creditor to postpone or repay the debt in installments.

After the creditor sues the court for a judgment, if the debtor has the ability to enforce the court judgment but refuses to do so, he will be detained and fined. The circumstances are serious and constitute the crime of refusing to enforce the judgment. If the debtor is truly unable to repay, he will not be held criminally liable.

Legal basis: Article 678 of the Civil Code of the People's Republic of China The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period; If the lender agrees, it can be extended.

Criminal Law of the People's Republic of China" Article 266 Whoever defrauds a rough beam to rent public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow the provisions of Yanzhao.

Loan disputes are civil disputes and will not go to jail. If the other party sues you and you fail to repay the debt within the specified time limit, the court can enforce the seizure, freezing, transfer, and auction of the deposits, bonds, **, **shares, and other assets in your name. If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part will be invalid.

According to the Civil Procedure Law of the People's Republic of China:

Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.

People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform. When a people's court decides to seize, freeze, assign a lease, delay in appropriating or selling property, it shall make a ruling and issue a notice of assistance in enforcement, which the relevant units must handle.

Article 243:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the portion of the income that the person subject to enforcement shall perform on the obligation.

However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.

According to the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases", it is provided:

Article 26: Where the interest rate agreed upon by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.

If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.

The law does not specify the overdue time for overdue sentences. The perpetrator only has the purpose of illegal possession, and if it is overdue for a certain period of time, it constitutes the crime of loan fraud. The sentencing stipulates that if the amount is relatively large, a sentence of up to five years imprisonment or criminal detention will be imposed; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given.

[Legal basis].Article 193 of the Criminal Law of the People's Republic of China.

In any of the following circumstances, where a bank or other financial institution is defrauded of a loan for the purpose of illegal possession, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given. where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given

1) Fabricating false reasons for the introduction of funds, projects, etc.;

2) The use of false economic contracts;

3) Using false supporting documents;

4) Using false property rights certificates as collateral or repeating collateral in excess of the value of the collateral;

5) Using other methods to mitigate fraudulent loans.

If the mobile phone loan is overdue, it will not be sentenced, and only the suspected loan fraud can be sentenced.

1. How long is the sentence of 500,000 yuan in arrears.

It depends on the circumstances of the arrears

1. If it is only unable to repay, it will be sentenced to prison if it is not registered. Insolvency to repay a loan is an ordinary civil dispute. If there is no sentence in a civil dispute, a sentence will only be imposed if a criminal offence is committed.

However, the bank will sue the borrower in court if the borrower is unable to repay. The court will then order the borrower to repay the loan, but because the borrower is unable to repay, the borrower's assets will be seized and the borrower will be blacklisted in the credit reporting system.

2. If it is characterized as a loan fraud crime in the crime of financial fraud, it will be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. If it is proven that you used false supporting documents, economic contracts or false guarantees when applying for a bank loan, you can be convicted of loan fraud.

2. Will I be sentenced if I am caught running away if I have no money for private loans?

In private lending, the borrower who has no money and runs away is generally not sentenced, and private lending is a civil dispute, not a criminal case, so it is generally not sentenced, but if the court judges to repay the money, if the money is not repaid at this time, it may be suspected of refusing to execute the judgment or ruling, and once convicted, it may be sentenced.

3. Will there be a sentence for smelting aluminum without permission?

Those who smelt aluminum without permission and are suspected of illegal business operations in serious circumstances will be sentenced. They are generally sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property. On the other hand, if the circumstances of smelting aluminum without permission are minor, he will not be sentenced.

Article 193 of the Criminal Law stipulates that in any of the following circumstances, whoever defrauds a bank or other financial institution of a loan for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given.

If the online loan is fully overdue, there will be no jail time. This is because online arguments and loans are civil debt disputes, which belong to the field of civil litigation and do not fall within the scope of criminal liability. However, if the civil debt constitutes the crime of refusing to execute the sentence, it is possible to go to prison.

However, where the people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, the sentence is to be fixed-term imprisonment of not more than three years, short-term detention, or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Article 313 of the Criminal Law: Where a judgment or ruling of a people's court is capable of being enforced but refuses to be enforced, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment 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.

Article 241 of the Civil Procedure Law: If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, he shall report the current property situation and the property situation in the year before receiving the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

Online loans will not be prosecuted, but generally will not go to jail. Online lending is a private loan, and the accident is a civil dispute, which is not a criminal case, so it is generally not a prison sentence. Some large sums and deliberately long overdue periods may be prosecuted.

If the lender wins the case, the court will force you to mortgage the repayment through an RV, deposit, etc.

If the lender does not have these assets, the court will restrict the borrower's high consumption, living needs, entry and exit, etc., if the borrower is determined to be a state and do not repay the money, then the court will investigate his criminal responsibility, that is to say, he will go to jail, but ordinary people can't go this way.

If the online loan is not repaid, it will lead to a bad personal credit record, which will affect your future loan application, and after the online loan institution is overdue, the staff of the institution will also collect on you, which will be collected through ** and text messages, affecting your personal life. If the amount of arrears is large and the arrears are serious, the platform can resolve the hail through legal channels. At the same time, during the overdue period, there will be a high penalty interest, which will cause you a burden.

If borrowers want to know their credit information, they can find this applet through WeChat: Sky Data, including details such as comprehensive scores, application records, and personal online loan big data. If the big data is already messed up, it should be corrected in time to avoid a major impact on personal credit.

Legal Analysis: Overdue mobile phone loans only involve civil litigation and will not be sentenced. Only loan fraud can be sentenced.

Legal basis: "Criminal Law of the People's Republic of China" Article 193 In any of the following circumstances, for the purpose of illegal possession, a bank or other financial institution is defrauded of a loan, and the amount is relatively large, the sentence is to be up to five years imprisonment or short-term detention, and a concurrent fine of between 20,000 and 200,000 yuan is to be imposed on a huge amount or there are other serious circumstances, a sentence of between five and ten years imprisonment and a concurrent fine of between 50,000 and 500,000 yuan is to be given.