高利转贷罪认定中的几个问题

On Some Problems of Determining the Crime of Relending at High Interest Rate

高利转贷罪由套取信贷资金和高利转贷两个相互关联的行为组成。高利是指高于获取贷款的利率。本罪的故意应包括实施套取信贷资金和高利转贷两部分。在实施套取资金行为时 ,行为人的故意内容是获得信贷资金 ;高利转贷时 ,目的是获取非法利益。这两部分必须密切结合在一起 ,套取信贷资金时 ,行为人已具有通过转贷牟利的目的了。

Crime of relending at high interest rate consists of two interrelated actions:fraudulently obtaining credit fund and relending at high interest rate.The relending interest rate is higher than that of the loan of credit.The intention of the crime shall include both fraudulently obtaining credit fund and relending at high interest rate.When fraudulently obtaining the credit fund,the actor intends to get the loan of credit;When relending the loan at high interest rate,he intends to get illegal interest.The two acts are so closely related that the actor is already aiming at the illegal interest when he fraudulently obtains the credit fund.