Some citizens, for some reason, cannot legally obtain a loan from a bank. The reasons for refusal to obtain a bank loan can be very different, ranging from insufficient income and ending with a damaged credit reputation of the borrower. If banks do not give a loan, then a citizen can get it from other credit institutions (microfinance organizations, pawnshops, a loan exchange, etc.). True, non-bank credit organizations issue loans at high interest rates. Of course, no one wants to overpay huge sums, but if conscientious Russians put up with onerous conditions, then not quite decent citizens try to get a loan from a bank by fraudulent means.
What is the threat of illegal obtaining a loan?
Breaking any law involves punishment. If you decide to defraud the bank and take out a loan, you need to know that these actions fall under Art. 176. Of the Criminal Code of the Russian Federation. This article provides for a punishment in the form of a fine of 200 thousand rubles or imprisonment for up to 5 years. The punishment that the court will issue against the criminal borrower will depend on the "severity" of the crime committed by him. In this case, the “severity” of the crime will depend on the amount of money that the borrower managed to obtain fraudulently, the methods he used to mislead the bank, and whether the borrower realized the seriousness of the actions he committed.
Except 176 Art. Of the Criminal Code of the Russian Federation, illegal obtaining of a loan also falls under Art. 159. of the same code (fraud). Criminal liability for violation of this article also applies to citizens who have issued a targeted loan, but the borrowed funds received from the bank were spent for other purposes. As you know, directed lending allows you to get a fairly large amount of debt and has more attractive terms for the client than ordinary non-targeted consumer loans. True, responsibility under Art. 159. occurs only if such indirect use of borrowed funds harms organizations, citizens or the country as a whole.
How is the law broken?
Borrowers who are unable to legally obtain a bank loan in order to achieve what they want provide the bank with fake documents with falsified data on their income and expenses. In this case, the level of income is overestimated, and the amount of monthly expenses is specially reduced. Some dishonest borrowers forge the entire package of documents, trying to get a loan in someone else's name, and sometimes even try to involve legally illiterate citizens in this process, persuading them to act as a surety for such a loan. If the bank reveals such a fraudulent attempt during the audit, then such a borrower and his guarantor are included in the "black list". In addition, the creditor can report to the law enforcement agencies, declaring an attempt to commit a crime. If the bank did not manage to immediately recognize the fraudster and the loan was provided to him, but the borrower did not return it, then the responsibility for repayment of the loan falls entirely on the shoulders of the guarantor.
What is considered a lie?
By law, "false information" is considered official information and documents that create the appearance of reliable information and can be misleading. Also, this definition includes incomplete provision, concealment or distortion of any information.
