I. Where state provisions are violated by habitually lending to unspecified members of the public without the approval of the regulatory departments, or beyond the scope of operations, and for the purpose of profit, disturbing the order of the financial marketplace, and the circumstances are serious; conviction and punishment is to be for the crime of illegal business operations in accordance with Criminal Law article 225(4).
"Regularly lending to unspecified members of the public" as provided for in the preceding paragraph refers to lending money, regardless of whether called a loan, 10 times or more to multiple unspecified persons (including units and individuals) within 2 years.
Where the period for repayment of a loan is extended after the loan expires, it is calculated as a single instance of lending.
II. in any one of the following circumstances, carrying out illegal lending as provided for in Article 1 of these Opinions with actual annual interest rates exceeding 36% is 'serious circumstances' as provided for in Criminal Law article 225, except that where a single instance of lending did not exceed the 36% actual annual interest rate, it must not be included when convicting and sentencing:
(1) an individual's illegal lending amounts to a total of 2,000,000 yuan or more, or a unit's illegal lending amounts to a total of 10,000,000 yuan or more;
(2) an individual's unlawful gains amount to a total of 800,000 yuan or more, or a unit's unlawful gains amount to a total of 4,000,000 yuan or more;
(3) an individual illegally lent to a total of 50 or more persons, a unit illegally lent to a total of 150 or more persons;
(4) caused serious consequences such as suicide, death, or psychological aberration for the lender or their close relatives;
In any of the following circumstances, it is 'especially serious circumstances' as provided for in Criminal Law article 225:
(1) an individual's illegal lending amounts to a total of 10,000,000 yuan or more, or a unit's illegal lending amounts to a total of 50,000,000 yuan or more;
(2) an individual's unlawful gains amount to a total of 4,000,000 yuan or more, or a unit's unlawful gains amount to a total of 20,000,000 yuan or more;
(3) an individual illegally lent to a total of 250 or more persons, a unit illegally lent to a total of 750 or more persons;
(4) caused especially serious consequences such as suicide, death, or psychological aberration for several lenders or their close relatives;
III. in any one of the following circumstances where the amounts of illegal lending or unlawful gains, and the number of those lent to, are also close to the standard amounts and numbers provided in article 2 of these provisions for 'serious circumstances", and "especially serious circumstances", it may be considered 'serious circumstances' or 'especially serious circumstances':
(1) They have received 2 or more instances of administrative punishment for illegal lending within the last two years;
(2) They have carried out illegal lending 10 or more times with actual annual interest rates exceeding 72%.
"Nearing" as using in the provisions of the preceding paragraph shall usually be understood as 80% or more of the relevant amount or numerical standard.
IV. Article 1 of these Opinions must not be applied to convict or punish those who only lend to designated subjects such as family and friends or persons within a unit. However, in any of the following circumstances, it shall be convicted and punished together with illegal lending to unspecified subjects:
(1) Loans were given to unspecified targets through family and friends or persons within a unit;
(2) Including people within a unit for the purpose of giving them loans, and then giving loans;
(3) Conducting publicity aimed at the general public, or concurrently making loans to unspecified targets and to family and friends and persons within a unit.
All assets actually collected by perpetrators of illegal lending beyond these sums are to included as unlawful gains.
The circumstances provided for above do not apply where the Criminal Law and judicial interpretations have other provisions.
VIII. These Opinions are to take effect on October 21, 2019. 对于本意见施行前发生的非法放贷行为，依照最高人民法院《关于准确理解和适用刑法中“国家规定”的有关问题的通知》（法发〔2011〕155号）的规定办理。