According to the provisions of Article 384 of the Criminal Law, the crime of misappropriating public funds means that a state functionary uses his position to misappropriate public funds for personal use for illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months, and is sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
Extended data
Shang, male, Han nationality, from Tengyue Town, Tengchong City, Yunnan Province, with a college degree. Graduated from Yunnan University in July 2002, majoring in lawyers; Worked outside from July 2002 to June 2009; From 2009 1 to 20 1 1, I worked in the government safety supervision station of Gudong Town, Tengchong; 20111kloc-0/0 has worked in the labor inspection unit of Tengchong Human Resources and Social Security Bureau since October.
2065438+Since March 2005, the Human Resources and Social Security Bureau has carried out special fund inspection. In the process of checking the global special fund business, it was found that in the process of returning 654.38+0.03 yuan of migrant workers' wage deposit from Tengchong Highway Section to Tengchong Highway Maintenance Center Project, the time interval between delivery and repayment was short, which did not conform to the project construction cycle. The payee shown on the refund check stub was signed by the staff of Human Resources and Social Security Bureau, and the manager still embezzled the migrant workers' wage deposit.
After verification by the investigation team of the Commission for Discipline Inspection, he has been responsible for the payment and repayment of wage deposits for migrant workers since 20 1 10 during his work in the Labor Inspection Unit of the Human Resources and Social Security Bureau. 20 13,18,2065438, Tengchong Highway Section credited170,000 yuan as the wage guarantee for migrant workers in Tengchong Highway Maintenance Center Project to the account of Human Resources and Social Security Bureau.
The money was not returned to the account of Tengchong Highway Section, but was transferred to a friend's rural credit cooperative account on August 20 13 after the signature of the leader in charge was defrauded by a fictitious refund notice. On August, 2065438, I took my friend's ID card and savings card to Tengbei Shopping Mall Credit Branch to withdraw 1 50,000 yuan to repay my personal loan in the credit union.
On August 3, 6, 15, 20 13 and 27, respectively, cash of 20,000 yuan was withdrawn from different ATMs in eight times to repay the credit card overdrafts of ICBC and CCB. /kloc-above 0/7
From 20 13 to 20 15, the wage deposit of migrant workers was misappropriated by 10,000 yuan. At present, businessmen have been severely punished by law.
China Law Popularization Network-Criminal Law
Case of misappropriation of public funds by small staff of Yunnan Provincial Supervision Commission —— Case of embezzlement by Tengchong Municipal Bureau of Human Resources and Social Security