职务侵占罪

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公开披露杨国平等前高管保险退费细节 交大昂立董事长嵇敏:对违法行为将追责到底
Jing Ji Guan Cha Wang· 2025-07-09 13:54
Core Viewpoint - The company disclosed that five former executives, including Yang Guoping, engaged in illegal activities related to the purchase and cancellation of insurance policies, resulting in significant financial misconduct [2][3][4]. Group 1: Incident Discovery - The company discovered the misconduct during a self-inspection prompted by a notice from the tax bureau on November 23, 2022, regarding insurance fees and tax payments [2]. - A total of 12.84 million yuan (approximately 1.28 million) in insurance fees from 2018 was identified without corresponding insurance contracts, alongside an additional 3.8 million yuan (approximately 0.38 million) from 2016 [2]. Group 2: Misconduct Details - From 2016 to 2019, the five former executives used company funds to purchase insurance policies and subsequently withdrew 16.9372 million yuan (approximately 1.69 million) to their personal accounts through policy cancellations [3]. - The actions of the executives were characterized as "dark box operations," lacking necessary approvals from the board and shareholders, which is a violation of company regulations [3]. Group 3: Legal Actions - The company filed a criminal report with the local police in June 2023, seeking accountability for the actions of the five former executives [4]. - Following the report, the police did not initiate a case, prompting the company to apply for administrative review and submit additional evidence [4]. Group 4: Company Commitment - The company expressed its commitment to pursue accountability for the former executives' illegal actions to protect the rights of the company and its shareholders [5].
400万迈凯伦跑车89万法拍,揭开江源农商行“75后”董事长案件
Xin Lang Cai Jing· 2025-07-04 00:35
Core Points - A luxury McLaren sports car was auctioned for 892,800 yuan, significantly lower than its original price of 4,068,000 yuan in 2014, highlighting a drastic depreciation in value [1][2] - The original owner of the car, Dong Yingzhi, was the former chairman of Jilin Province Baishan Jiangyuan Rural Commercial Bank, who was sentenced to 10 years and 6 months in prison for embezzlement [1][8] - The auction attracted over 10,000 viewers but only one bidder participated, indicating a lack of interest or confidence in the asset [2][4] Company and Industry Summary - The McLaren sports car was originally registered in July 2017 and had a mileage of only 5,600 kilometers, yet it showed signs of mold in the interior, raising concerns about its condition [4][6] - The auction was conducted under the judicial asset auction platform of Alibaba, which reflects the growing trend of online auctions for seized assets [1][2] - Dong Yingzhi's case is part of a broader issue of financial misconduct within the banking sector, as evidenced by the Jiangyuan Rural Commercial Bank's history of being listed as a dishonest executor multiple times [10][12]
以案明纪释法丨村干部在拆迁工作中侵占补偿款的行为性质分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-02 01:06
Group 1 - The core argument revolves around the classification of village cadres as state workers based on their engagement in public duties, particularly in the context of land expropriation and compensation [1][9] - Case one illustrates a scenario where village cadre A and official B conspired to fraudulently obtain over 5 million yuan in compensation by fabricating population and land area documents, raising questions about their legal accountability [2][4] - Case two involves cadre C, who improperly allocated compensation to individuals not entitled to it, resulting in over 5 million yuan in losses, highlighting the misuse of authority in local governance [3][5] Group 2 - There are differing opinions on the legal classification of the actions taken by cadres A and C, with one view suggesting they committed abuse of power, while another argues for the classification of their actions as embezzlement [4][14] - The distinction between public duties and village management is crucial in determining the legal status of village cadres, as their actions may fall under different legal frameworks depending on their engagement in governmental functions [7][9] - The analysis emphasizes that the nature of the funds involved—whether they are public or collective assets—plays a significant role in determining the applicable legal consequences for the actions of the village cadres [12][13]
财务总监“监守自盗”骗取巨额合同款近千万元,被判刑6年
Xin Jing Bao· 2025-05-20 05:18
Core Points - The case involves a senior financial executive, Wei, who embezzled a total of 9.792 million RMB from the company through fraudulent contracts with a consulting firm he controlled [1][2] - Wei was sentenced to six years in prison and fined 200,000 RMB for his actions, which were characterized as a significant breach of trust and misuse of his position [2] Summary by Sections Case Details - Wei served as the financial director and later as vice president of a major internet search engine company, overseeing financial management [1] - Between March 2018 and June 2019, he exploited his position to sign multiple false service agreements, leading to the embezzlement of funds [1] Legal Proceedings - The company reported the case to the authorities in April 2020, resulting in Wei's arrest and the freezing of related bank accounts [1] - During the trial, Wei returned 500,000 RMB to the company with the help of relatives, and the company expressed understanding towards his actions [1] Court's Findings - The court determined that Wei's actions constituted a serious crime of embezzlement, given the substantial amount involved and the nature of his position [2] - The judge highlighted the "collusion and self-dealing" aspect of Wei's crime, emphasizing the breach of fiduciary duty expected from a senior financial officer [2]
使用公司平台账号私发广告“赚外快”,6人因职务侵占罪获刑
Xin Jing Bao· 2025-05-18 23:00
Core Points - A network company manager and five employees conspired to use the company's platform accounts to publish advertisements for personal profit, resulting in illegal gains of over 1.3 million RMB [1][2] - The court found that the defendants utilized their positions to illegally appropriate company funds, with the main defendant, Liu, having a significant amount involved [2] - The case highlights a novel method of committing embezzlement by leveraging the company's official account for advertising, rather than traditional asset appropriation [2] Summary by Sections - **Case Overview**: The defendants, including Liu, exploited their roles within a network technology company to generate personal income through unauthorized advertising, accumulating over 1.3 million RMB in profits [1] - **Court Findings**: The court determined that the defendants' actions constituted embezzlement, with Liu's involvement being particularly substantial. The other five defendants also had significant amounts involved [2] - **Legal Implications**: The court's ruling emphasized the innovative nature of the crime, as it involved the misuse of digital platform resources rather than direct theft of physical assets, indicating a shift in how corporate fraud can occur [2]
电商员工利用第三方公司“刷单”骗补贴款,被判刑三年六个月
Xin Jing Bao· 2025-05-18 10:51
Group 1 - The defendant, Li, exploited his position in an e-commerce department to collude with others and fabricate transactions, resulting in fraudulent platform subsidies totaling over 1.5 million RMB [1][2] - Li was sentenced to three years and six months in prison and fined 100,000 RMB for embezzlement, with the judgment becoming effective after no appeal was filed [1] - The case highlights vulnerabilities in e-commerce platform subsidy rules, where internal employees can manipulate transaction processes to gain substantial financial benefits [2] Group 2 - The crime involved a complex scheme of collusion between Li and a third-party company to create fake transactions, taking advantage of the platform's subsidy calculation rules [2] - The internal controls were ineffective, as the risk management department's alerts regarding the fraudulent activities were ignored by the business department [2] - The rapid exploitation of platform rules allowed Li to quickly gain significant amounts of money through fraudulent means, indicating a need for stronger oversight in e-commerce operations [2]
红星美凯龙原“80后”美女总裁获刑三年
Xin Lang Cai Jing· 2025-05-06 16:31
中国裁判文书网公开的《谢某、高某职务侵占罪二审刑事裁定书》显示,高爽因在公司业务中通过虚增服务费非法侵占公司资金,数额巨大,被重庆市第 一中级人民法院判处有期徒刑三年,缓刑五年,并处罚金二十万元。 案件回溯至2021年,红星美凯龙控股股东红星控股与重庆璧山区政府签订1亿美元外资投资协议,高爽作为时任执行总裁,全权负责外资引入工作。 在此期间,高爽经同事谢某介绍结识中间人袁某。在知晓袁某要求的业务费用低于其他资方报价后,高爽与谢某等人私下商议,与袁某约定: 在红星美凯龙按13%(390万美元)支付服务费给袁某后,袁某将其中3%(90万美元,折合人民币501万元,扣除税费等)返还给高爽等人。高爽与谢某 达成七三分成协议,最终高爽分得349.3万元。 炒股就看金麒麟分析师研报,权威,专业,及时,全面,助您挖掘潜力主题机会! 近日,红星美凯龙原执行总裁高爽职务侵占案迎来终审判决。 "二审裁定书"显示,高爽出生于1984年12月14日,江苏淮安人,研究生学历,户籍地址上海市松江区,住北京市朝阳区。因涉嫌职务侵占罪,高爽于2023 年5月24日被抓获,次日被刑事拘留,同年6月30日被逮捕,同年7月7日被取保候审。 高爽于 ...
判三缓五,一上市公司原美女高管职务侵占罪细节曝光
Jing Ji Guan Cha Wang· 2025-04-27 07:31
Core Viewpoint - The case of Gao Shuang, the former CEO of Red Star Macalline, involves embezzlement of 3.493 million yuan through inflated service fees in a foreign investment project, leading to his conviction and a sentence of three years in prison with a five-year probation [1][5][7]. Group 1: Case Details - Gao Shuang was found guilty of embezzling 3.493 million yuan by inflating service fees related to a foreign investment project in Chongqing [1][5]. - Gao Shuang was arrested on May 24, 2023, and was previously the CEO and co-chairman of the Southwest region at Red Star Macalline [2][3]. - The court determined that Gao and his accomplice conspired to inflate service fees, which constituted a significant breach of fiduciary duty [5][6]. Group 2: Financial Transactions - Gao Shuang and his accomplice agreed on a 3% kickback from a service fee of 390 million yuan, resulting in Gao receiving 349.3 million yuan after the deduction of taxes [3][6]. - The service fee was set at 13% of the foreign investment amount, with the total payment made to the intermediary [3][6]. - The funds were transferred through unusual channels, indicating an attempt to conceal the embezzlement [6]. Group 3: Legal Proceedings - Gao Shuang was sentenced to three years in prison, suspended for five years, and fined 200,000 yuan, while his accomplice received a two-year prison sentence and a fine of 100,000 yuan [7]. - Testimonies from the former chairman of Red Star Macalline, Che Jianxing, were crucial in the court's decision, as he later denied approving the additional service fee [6][7].