I borrowed 30,000 yuan from Heng Chang, but I haven't paid it back for two years. Now I'm accused of fraud. Can I be sentenced?

I borrowed 30,000 yuan in Heng Chang, and I haven't paid it back for two years. Now I won't be sentenced for fraud, because it doesn't belong to the scope of criminal filing. You can try to mediate between the two parties, such as paying off the arrears within the agreed time period.

According to the Criminal Code of People's Republic of China (PRC):

175th to obtain loans, bill acceptance, letters of credit, letters of guarantee, etc. Anyone suspected of being defrauded by a bank or other financial institution under any of the following circumstances shall file a case for prosecution:

(1) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, the amount is more than one million yuan;

(2) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, causing direct economic losses of more than 200,000 yuan to banks or other financial institutions;

(3) Obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. Take fraudulent means for many times, although it does not meet the above-mentioned amount standard;

(4) Other circumstances that cause heavy losses to banks or other financial institutions or have other serious circumstances.

Extended data:

Determination of fraud;

1. The boundary between fraud and lending. For some reason, if the borrower fails to pay back for a long time, or fabricates a lie or conceals the truth to defraud the money and materials, and cannot repay them at maturity, as long as there is no purpose of illegal possession, no profligacy, no default in debt, no fraud or fraud, and there is a real intention of repayment, it still belongs to a loan dispute and does not constitute a crime of fraud.

2. The boundary between the crime of fraud and the act of defaulting on payment on behalf of others. In the name of buying goods in short supply on behalf of others, taking the payment without buying anything, misappropriating the payment without authorization, defaulting on repayment, etc., we should focus on its real purpose, the relationship between the two parties, the cause of the incident, the specific behavior of the agent, the plot and consequences of breach of contract, and correctly judge whether it has the intention of illegal possession.

3. The boundary between fraud and fund-raising enterprises concealing debts due to losses. If it is indeed a fund-raising enterprise, but because of poor management, loss of debt, going out to avoid debt, or property debt disputes. This is essentially different from fraudsters who abscond with money for the purpose of illegal possession in the name of raising funds to run enterprises.

References:

Criminal Law-China People's Congress Network