According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 272 Any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not been more than three months, the amount is relatively large, and he is engaged in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. ?
Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.
Extended data:
Case: Is the crime of corruption and misappropriation of funds established? The former chairman of Kungfu was sentenced to 14 years.
Cai Dabiao, former chairman of Kungfu, was sentenced yesterday. Guangzhou Tianhe District Court found Cai Dabiao guilty of corruption and misappropriation of funds, sentenced him to fixed-term imprisonment of 14 years, and confiscated his personal property of100000 yuan.
He was convicted of two counts and sentenced to 14 years.
The person in charge of Kungfu confirmed the news to the Beijing News yesterday, saying that the case was a personal case of Cai Dabiao, and the company respected the judicial decision.
According to media reports, Cai Dabiao's family appealed in court, but Cai Dabiao did not answer whether to appeal in court, saying that he would consult with his lawyer.
Prior to this, Tianhe District People's Procuratorate accused Cai Dabiao of six counts of * * *, and Cai Dabiao was suspected of taking advantage of his position to instruct Hong, Ding and others to occupy and misappropriate the * * * funds of Kungfu Company totaling 30.68 million yuan through fictitious trading contracts and engineering expenditures with all companies of Li Yueyi and Cai Liangbiao, and was suspected of withdrawing the registered capital of Win Day Company of 6.5438+0.5 million yuan and re-injecting capital.
There were five sessions in the first instance.
A series of disputes, such as infighting and control rights struggle, caused by the opposition of real kung fu couples have lasted for many years. 2011April, Guangdong police arrested Cai Dabiao who had been absconding.
20 12 On August 7th, Tianhe District People's Procuratorate filed a public prosecution with Tianhe District People's Court against Cai Dabiao, Li Yueyi and Cai Liangbiao, three principal offenders, and two accomplices. At the end of August, the case of Cai Dabiao accused of misappropriating funds, embezzlement by taking advantage of his post and escaping registered capital was heard in Tianhe District Court.
Cai Dabiao once denied all the charges in court, and claimed that he was coerced by investigators. It has been nearly three years since the case was put on file for investigation, and the first trial lasted 16 months, during which five sessions were held to supplement evidence.
At present, Kungfu Company is run by Pan Yuhai, former brother-in-law of Cai Dabiao and vice chairman of Kungfu.
References:
People's Daily Online-The former chairman of Kungfu was sentenced for corruption and misappropriation of funds 14 years.