Case: Wang's theft of criminal judgment was pronounced in the first instance.
It was found through trial that the defendant Wang was sent by Jiangxi Longyi Enterprise Management Service Co., Ltd. to work in Nanchong Branch of Chengdu Qingyun Express Co., Ltd. (hereinafter referred to as Qingyun Company), engaged in sorting, unloading and scanning. In Dayun Express Distribution Center of Hengsheng Logistics Company, Yanjing Avenue, Jialing District, Nanchong City. Daily specific work is temporarily arranged by the monitor of the center operation. 20 14, 19 At 4 o'clock in the morning of July, the defendant Wang Moumou dropped four pieces of goods under the unloading platform according to the arrangement. Wang Moumou put one of the exquisite goods into his electric tricycle parked in the company and took it home. After returning home, he found a brand-new white Apple 5S mobile phone and charger in the goods, which was used by his wife Chen. Appraised by the price authentication center of Jialing District, Nanchong City, this mobile phone is worth RMB 4,800. Investigators seized the mobile phone involved in the case at Wang's residence, and the mobile phone was returned to Qingyun Company.
The defender's defense opinion is: there is no objection to the facts. Wang Moumou should be an act of occupation, and the amount involved did not reach the starting penalty standard of the crime of occupation, so Wang Moumou did not constitute a crime.
We believe that the defendant Wang Moumou, as a staff member of Nanchong Branch of Chengdu Qingyun Express Co., Ltd., took advantage of his position to dispose of the property of his unit and took it for himself. His behavior should be occupation, but the value of the occupied property did not reach the standard of the crime of occupation with a large amount, so he was not punished as a crime according to law.
Although Wang Moumou was sent by Jiangxi Longyi Enterprise Management Service Co., Ltd. to work in Nanchong Branch of Chengdu Qingyun Express Co., Ltd., his post was provided by Qingyun Company and accepted by Qingyun Company. His salary is paid by Qingyun head office, and the losses of customers are borne by Qingyun company. Therefore, Wang Moumou should be regarded as a staff member of Qingyun Company.
On the day of the incident, Wang was the unloading operator, specifically handling the property involved and taking advantage of his position;
The property involved is the property owned by others owned and managed by Qingyun Company and should be regarded as the property of the unit.
To sum up, Wang's behavior should belong to occupation. Because the amount of crime did not reach the conviction standard, Wang's behavior should not be treated as a crime. The public prosecutor accused Wang of theft. The relevant defense opinions of Wang's defender are consistent with the facts ascertained, and this court adopts them.
(2) Criteria for Filing a Case Article 84 [Crime of Embezzlement by Duty (Paragraph 1 of Article 271 of the Criminal Law)] If a person of a company, enterprise or other unit takes advantage of his position and illegally occupies the property of his unit, the amount of which is more than 5,000 yuan but less than 10,000 yuan, he shall file a case for prosecution. The standard for filing a theft case in a first-class area in Guangdong is 3000 yuan.