How to judge the refund of 2 million for job occupation?

First, how to judge the duty occupation and refund 2 million yuan?

Those who embezzle 2 million yuan and pay back the compensation in full are generally sentenced to fixed-term imprisonment of more than 3 years 10 years and fined.

Article 271 of the Criminal Law Any employee of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, 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.

Second, what is the principle of sentencing for the crime of duty embezzlement?

1. Sentencing should be based on facts, take the law as the criterion, adhere to the basic principles of a legally prescribed punishment for a crime, equality before the law, and adaptability between guilt and punishment, and decide the sentencing of the defendant according to the facts, nature and circumstances of the crime and the degree of harm to society.

2. Sentencing should not only consider the social harmfulness of criminal behavior, but also consider the subjective malignancy of the defendant, so as to achieve the purpose of punishment and crime prevention.

3. Sentencing should implement the criminal policy of combining leniency with severity, and realize the unity of legal effect and social effect.

4. Sentencing should comprehensively consider the economic and social development and social security situation in different periods and regions to ensure the realization of the purpose of punishment. However, for cases with the same or similar circumstances in the same area and period, the punishment for the defendant should be basically balanced.

Third, how do defense lawyers generally charge for the crime of duty embezzlement?

Defenders of the crime of duty embezzlement mainly charge fees according to the following factors:

1) working hours;

2) the difficulty of legal affairs;

3) The number of lawyers required to handle legal affairs and the professional ability of lawyers;

4) The bearing capacity of the entrusting party and the local social and economic development;

5) Risks and responsibilities that lawyers may bear;

6) The social reputation and working level of lawyers;

(seven) other necessary expenses.

To sum up, the crime of duty embezzlement of 2 million yuan belongs to a huge amount, and the starting point of sentencing will not be less than three years in prison. However, considering the criminal suspect's voluntary return of stolen goods, the court will appropriately give a lighter punishment within the statutory scope, and the extent of the lighter punishment needs to be accurately analyzed in combination with the specific circumstances of the case. The sentencing standard of the crime of duty embezzlement is not fixed.