Company falsifies financial data for loan but repays on time—could it face loan fraud or骗取贷款罪 charges?

To determine which crime the company might face, we need to analyze the two offenses based on China’s Criminal Law. Loan fraud (Article 193) requires the subjective intent to illegally occupy the loan (i.e., no intention to repay). The act involves using deceptive means like falsifying contracts or IDs to obtain loans with the aim of not returning them. In contrast, the crime of obtaining loans by deception (Article 175-1) focuses on using deceptive methods to get loans but without the intent to illegally occupy; conviction requires causing major losses to the lender or other serious circumstances.

In this scenario, since the company has been repaying on time and has no intent to default, it does not meet the subjective element of loan fraud. However, falsifying financial data to get the loan is a deceptive act. Whether it constitutes the crime of obtaining loans by deception depends on whether it causes major losses or serious consequences. Since the company is repaying normally, there is no major loss yet, but the deceptive act itself might qualify as a serious circumstance if the loan amount is large.

Practical advice: The company should immediately stop deceptive practices, communicate actively with the bank to explain the situation and provide proof of repayment ability (e.g., cash flow statements, order contracts). Consulting a criminal defense lawyer is crucial to assess risks and prepare a response. If the bank reports the case, the lawyer can help clarify the lack of intent to illegally occupy, reducing the chance of criminal liability.