Legal analysis
Reselling 200,000 company articles without permission has constituted the crime of duty embezzlement. The object of this crime is the property ownership of companies, enterprises or other units. 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. Objectively, this crime is manifested as taking advantage of his position to occupy the property of his unit. Specifically, it includes the following three aspects: (1) taking advantage of the position; There must be an occupation; Must reach a large number. If there is only illegal possession of the property of companies, enterprises and other units, but it does not reach the standard of large amount, it does not constitute this crime.
legal ground
People's Republic of China (PRC) Criminal Law Amendment. The first paragraph of Article 271 of the Criminal Law is amended as: "Any employee of a company, enterprise or other unit who takes advantage of his position and illegally occupies the property of his unit, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. "