According to Article 27 1 of the Criminal Law, it may constitute the crime of duty embezzlement, which means that a company, enterprise or other unit illegally takes possession of the property of its own unit by taking advantage of its position, and the amount is relatively large.
The object of the crime of duty embezzlement is the property of companies, enterprises or other units, including movable and immovable property. The so-called "movable property" not only refers to currency (including RMB, foreign currency, securities, etc. ) property that has been occupied and managed by companies, enterprises and other units, including property that the unit has the right to occupy but does not possess, such as creditor's rights owned by companies, enterprises or other units. As far as the form of property is concerned, the object of crime includes tangible and intangible things, such as factory buildings, electricity, gas, natural gas, industrial property rights and so on.
Article 271 of the Criminal Law stipulates that: personnel of companies, enterprises or other units who take advantage of their positions illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
If it is private money, it shall be handled by the board of directors in accordance with the company's articles of association, and it may be handed over to judicial organs if it involves illegal crimes.