According to Article 272 of the Criminal Law of People's Republic of China (PRC), employees of companies, enterprises or other units, taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others, and the amount is relatively large and has not been paid back for more than three months.
Or if it is not more than three months, but the amount is relatively large, engaging in profit-making activities or illegal activities, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
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Case: The salesman embezzled 400,000 public funds to build a house? He was sentenced to four years in prison for misappropriating funds.
Ma, a 565,438+0-year-old salesman, stole nearly 400,000 yuan from the company account to build a house in his hometown. The reporter learned yesterday that Ma was sentenced to four years' imprisonment by Chaoyang Court for committing the crime of misappropriating funds.
Zhang is an investor in Beijing Rujie Business Center. In 2009, she hired Ma as a salesman to take charge of the transfer business. 20 13 In mid-May, Zhang found that it was 399,999 yuan less during the audit.
After reconciliation, it was found that the money was transferred from the company account and was misappropriated by Ma. When Zhang asked Ma about the whereabouts of the money, Ma said that the money had built a house in his hometown and he could sell the house to the company to pay back the money. But then Zhang couldn't contact the horse anymore.
Ma's brother-in-law testified that Ma gave him 400,000 yuan, "2065438+May 2003. I used this money to build a new house in my hometown. "
Ma confessed that in 20 12, his hometown redistributed residential areas, and he got half an acre of homestead, but he never had money to build a house. In April of 20 13, Ma transferred the company's operating income of nearly 400,000 yuan to the savings card of the Agricultural Bank of China in his own name for three times without the knowledge of his boss Zhang. Ma remitted money to his brother-in-law and asked him to help build the house.
After hearing the case, Chaoyang Court held that Ma had constituted the crime of misappropriating funds, so he was ordered to return 399,999 yuan to the company according to law, and was sentenced to 4 years' imprisonment for misappropriating funds.
People's Daily Online-A salesman embezzled 400,000 public funds to build a house and was sentenced to 4 years in prison for corruption.