Xu Ke did not commit a crimeThe defendant Xu Ke, male, born on **, **, 1996, citizen identity number 3601111996 ********, * ethnic group, junior high school education, Legal representative and general

Xu Ke did not commit a crimeThe defendant Xu Ke, male, born on **, **, 1996, citizen identity number 3601111996 ********, * ethnic group, junior high school education, Legal representative and general manager of Ganrong Sports Co., Ltd., Nanchang City, Jiangxi Province. His registered residence is No. ***, Natural Village, ** Village, Nanchang City, Jiangxi Province. His residence is Building *******, Huiyang District, Huizhou City, Guangdong Province. *unit****. On suspicion of committing the crime of job embezzlement, he was criminally detained by the Zhushan Branch of the Jingdezhen Municipal Public Security Bureau on December 29, 2020, and the detention period was extended to January 28, 2021. On January 8, 2021, he was criminally detained by the Zhushan Branch of the Jingdezhen Municipal Public Security Bureau. The branch was released on bail pending trial. This case was investigated by the Zhushan Branch of the Jingdezhen Municipal Public Security Bureau. The defendant Xu Ke was suspected of committing the crime of job embezzlement and was transferred to this court for prosecution on October 13, 2021. After accepting the case, the court informed the defendant of his legal rights to litigation and the possible legal consequences of pleading guilty and accepting punishment in accordance with the law the next day. He interrogated the defendant in accordance with the law, listened to the opinions of the defendant, his defender, and the victim, and reviewed all case materials. . The defendant agreed that this case should be tried under summary procedures. After legal review, it was found that: Zhang Moumou and Li Moumou invested in the registration of a limited company on July 6, 2017. At the end of 2019, Zhang Moumou and Li Moumou were preparing to open a racecourse and planned to change the limited company to a club. , due to industrial and commercial registration reasons, on July 6, 2020, the company finally changed its registration to a limited company. In May 2020, Zhang Moumou met the defendant Tsui Hark. Because Tsui Hark had experience in racecourse management, he hired Tsui Hark as the manager of a club. The two parties signed a contract on May 28, 2020. The contract states that Party A’s certain club appoints Party B’s Xu Ke as the project manager for a period of five years, starting from June 1, 2020 and ending on June 1, 2025. , the employment fund is RMB 300,000 (the same below) for five years, RMB 100,000 per year for the first three years, and the appointment will be free of charge for the next two years. Party B can independently arrange, organize and direct the daily procurement, production and sales of Party A's projects. From June 1 to June 22, 2020, Li Moumou and Zhang Moumou transferred a total of RMB 407,185 to Tsui Hark’s WeChat, Alipay, and bank card *** ending in 9188 through personal Alipay, WeChat, etc. RMB 100,000 of the first-year salary will be used to purchase materials needed to establish a racecourse. 307 185 yuan. In early July, when the racecourse was about to open, Li found that most of the purchased materials had not been received, so he contacted Xu Hark to check. On July 9, after verification by both parties, 104,445 yuan of payment had been received, and the remaining 202,740 yuan of payment had not been received. After verification, Xu Ke proposed a refund in two installments. The fiber purchase price of 50,000 yuan was refunded on July 15, and the remaining payment was refunded on July 20. As of November 24, 2020, the defendant Xu Ke had not returned the payment, so Li Moumou and Zhang Moumou reported the case to the Zhushan Branch of the Jingdezhen Municipal Public Security Bureau. On December 28 of the same year, after being contacted by phone, Xu Ke took the initiative to go to the Zhushan Branch of the Jingdezhen Municipal Public Security Bureau for investigation. On January 6, 2021, Tsui Hark’s relatives signed a settlement agreement with Company B to compensate the company for its losses, and the two parties reached an understanding. The evidence for determining the above facts is as follows: 1. Documentary evidence such as household registration information, the process of being brought to justice, and reporting materials; 2. The testimony of witness Li Moumou; 3. The defendant’s confession and defense; 4. Video CDs, etc. The above evidence collection procedures are legal and the content is objective and true, which is sufficient to determine the facts of the accusation. The defendant Tsui Hark had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment. This court believes that the defendant Xu Ke took advantage of his position to misappropriate RMB 202,740 of the funds of Company B and failed to return it for more than three months; his behavior violated Article 272 of the Criminal Law of the People's Republic of China and the People's Republic of China. According to the provisions of paragraph 1 of the article, if the criminal facts are clear and the evidence is reliable and sufficient, the criminal liability shall be investigated for the crime of misappropriation of funds. Xu Ke voluntarily surrendered and truthfully confessed his crime. He surrendered and voluntarily pleaded guilty and accepted punishment. According to the provisions of Article 67, paragraph 1, of the Criminal Law of the People's Republic of China and Article 15 of the Criminal Procedure Law of the People's Republic of China, The punishment may be lighter or mitigated, and the punishment may be lenient, and if the party has compensated Company B for its losses and obtained understanding, it may be given a lighter punishment as appropriate. In accordance with the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is filed with the state and the person is sentenced in accordance with the law. The People’s Court of Zhushan District, Jingdezhen City is hereby announced