One spouse misappropriates company funds.

Legal analysis: husband and wife misappropriate public funds of the same company, and the shareholders must be husband and wife, which means that the owners of the company are husband and wife. Therefore, although it is not appropriate to transfer funds from company accounts to personal accounts, strictly speaking, it should not belong to misappropriation of funds, because in Gong Hu, it is natural for investors to decide how to use funds.

1, if the funds are legal profits after tax, the husband and wife do not constitute any crime.

2. If the fund is pre-tax profit, it may constitute theft and tax evasion.

3. If the funds are bank operating loans, it may constitute the crime of fraudulent loans.

4. If the funds are in normal operation, it may constitute the crime of corruption or misappropriation of funds. Because a limited liability company must be responsible to the society with its own assets, it is an infringement on social interests to withdraw the company's assets without reason.

If the money is the price defrauded by the customer, it may also constitute contract fraud or general fraud.

6. If the capital is registered capital invested by oneself, it may constitute the crime of withdrawing registered capital.

Legal basis: Article 272 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not exceeded three months, the amount is relatively large, and he is engaged in profit-making activities or illegal activities, 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.