职务侵占罪
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导演张纪中被曝职务侵占,美猴王影业有限公司已报案
Di Yi Cai Jing· 2025-11-05 09:42
Core Points - Hunan Meihouwang Film Co., Ltd. has reported to the Beijing Economic Crime Investigation Unit that Zhang Jizhong is suspected of embezzlement, with the amount involved being substantial [1] - Zhang Jizhong claims that the allegations are false and stem from harassment by his ex-wife, who has previously attempted to file similar claims that were rejected by the court [2] - The case involves financial transactions that occurred during Zhang Jizhong's tenure as general manager of the company from its establishment in 2010 until his departure in late 2016 [2] Financial Transactions - On September 1, 2010, Zhang Jizhong allegedly used his position to have Hunan Meihouwang sign a script agreement with a company he controlled, resulting in a transfer of $650,000 [2] - On September 19, 2010, he facilitated a market consulting agreement that led to a transfer of $400,000 to his own company [2] - Zhang is accused of transferring a total of 2 million yuan to his personal account through various means, with 780,000 yuan remaining unaccounted for [2] Legal Context - Hunan Meihouwang Film Co., Ltd. asserts that these actions constitute embezzlement, which severely harms the company's development and shareholder interests [3] - Legal experts note that embezzlement is a common crime in private enterprises, often linked to power struggles or management changes [3] - The legal definition of embezzlement includes the illegal appropriation of company assets, with a threshold of 30,000 yuan for criminal prosecution [3]
导演张纪中被曝职务侵占,本人回应
第一财经· 2025-11-05 08:45
Core Viewpoint - Hunan Meihouwang Film Co., Ltd. has reported to the Beijing Economic Crime Investigation Unit that Zhang Jizhong is suspected of embezzlement, with the amount involved being substantial [3][9]. Company Overview - Hunan Meihouwang Film Co., Ltd. was established in June 2010 with a registered capital of 10 million yuan, focusing on film and television planning and cultural project investment [4][5]. - The company is co-owned by Beijing Meihouwang Cultural Development Co., Ltd., Shanxi Tongyu Cultural Communication Co., Ltd., and Fan Xinman (Zhang Jizhong's ex-wife), who holds a 5% stake [4][7]. Allegations Against Zhang Jizhong - Zhang Jizhong, who served as the general manager and director, is accused of misusing his position to transfer company funds to his personal accounts and companies he controls, totaling significant amounts [8][9]. - Specific transactions include a transfer of 650,000 USD to a company he controlled and unauthorized transfers totaling 2 million yuan to his personal account [8]. Legal Context - The allegations fall under the category of embezzlement, a common crime in private enterprises, often linked to power struggles or disputes over management rights [9]. - According to Article 271 of the Criminal Law, embezzlement can lead to imprisonment for up to three years or detention, with the threshold for prosecution being an amount exceeding 30,000 yuan [9].
三堂会审丨村委会成员涉贪污、职务侵占罪的认定
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-09-17 02:33
Core Viewpoint - The case of Li, a member of the village committee, highlights the misuse of public funds and the legal implications of such actions, specifically regarding the classification of his crimes as embezzlement and misappropriation of public property [3][11][14]. Group 1: Case Background - Li joined the Communist Party in November 2015 and served as a member and accountant of the village committee from 2016 to 2023 [3]. - In 2016, the government approved the expropriation of collective land in C Village, resulting in a compensation payment of 1.4 million yuan being deposited into the village's account [3][10]. - Li misappropriated the 1.4 million yuan compensation during his management of the funds, which were intended for distribution to villagers [10][14]. Group 2: Legal Proceedings - Li voluntarily surrendered to authorities on May 10, 2023, leading to an investigation and subsequent disciplinary actions [4][5]. - On August 23, 2023, he was expelled from the Party and the case was transferred to the local prosecutor's office for further legal action [5]. - The prosecution formally charged Li with embezzlement and misappropriation of public funds, resulting in a combined sentence of 19 years in prison and fines totaling 4.8 million yuan [6][14]. Group 3: Legal Classification of Crimes - Li's actions were classified as embezzlement due to his role as a village committee member, which allowed him to manage public funds [11][14]. - The nature of the 1.4 million yuan compensation was determined to be public property, as it was government funds intended for public benefit, thus qualifying Li's actions as embezzlement [13][14]. - In contrast, Li's misappropriation of 19.61 million yuan from village collective funds was classified as misappropriation due to the funds being considered as belonging to the village collective rather than public property [15][17].
员工薅公司废纸皮狂赚83万,被判1年11个月,法院披露详情:手握销售渠道后,逐渐动起歪心思
新浪财经· 2025-09-04 08:48
Core Viewpoint - The article discusses a case of embezzlement involving an employee of a paper products company in Jiangxi, who exploited his position to illegally appropriate company funds from the sale of waste paper, resulting in significant financial loss for the company [2][3][6]. Summary by Sections - **Case Details** - The defendant, Ming, held positions as a warehouse manager and purchaser at a paper products company and misused his access to the company's waste paper sales channels [2]. - Ming coordinated with drivers to sell the waste paper at a higher price while underreporting the sale price to the company, leading to a total embezzlement of over 830,000 yuan [3]. - **Court Proceedings** - The court found that Ming's actions constituted embezzlement due to his abuse of his position, resulting in a significant amount of illegal appropriation [6]. - The court sentenced Ming to 1 year and 11 months in prison, imposed a fine of 50,000 yuan, and ordered him to repay the company for the losses incurred [6]. - **Legal Framework** - The article references the relevant legal provisions under the Criminal Law of the People's Republic of China regarding embezzlement and the penalties associated with such crimes [7][8]. - It emphasizes the importance of integrity and ethical conduct in professional settings, highlighting the severe legal consequences for those who exploit their positions for personal gain [8].
以案明纪释法丨国企工作人员侵吞本单位财物行为性质分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-27 01:34
Core Viewpoint - The case involves Zhang, a former sales director at A Company, who exploited his position to illegally profit from transactions involving PAC, leading to potential charges of embezzlement and corruption based on his changing status from a company employee to a state worker [2][5][10]. Summary by Sections Basic Case Facts - A Company, a wholly-owned subsidiary of state-owned B Company, engaged in the production and sale of PAC. Zhang, hired in 2012, manipulated sales contracts to benefit a shell company, C Company, resulting in a profit of 1.8 million yuan, of which he received 1.4 million yuan [2][3]. Disputed Opinions - Three differing opinions exist regarding the classification of Zhang's actions: 1. Zhang's actions before February 2017 constitute embezzlement, while actions after that date are classified as corruption, leading to dual charges [5]. 2. Zhang's continuous actions should be viewed as a single offense of corruption due to his final status as a state worker, totaling 6.7 million yuan in illicit gains [6]. 3. Zhang's actions before and after his status change should be classified separately, with embezzlement for earlier actions and corruption for later ones, resulting in a total of 3.2 million yuan for embezzlement and 3.5 million yuan for corruption [7]. Legal Analysis - The distinction between company employees and state workers is crucial in determining the nature of the crimes. Embezzlement applies to company employees, while corruption applies to state workers [9][10]. - Zhang's actions involved artificially inflating transaction processes to siphon profits from A Company, which constitutes illegal appropriation of company assets [12][13]. Calculation of Criminal Amounts - Zhang and Li, as co-conspirators, are liable for both embezzlement and corruption, with the total amounts for each crime being 3.2 million yuan and 3.5 million yuan, respectively [14][15].
村干部套取帮扶资金的行为性质分析
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-13 00:04
Core Viewpoint - The article discusses the legal interpretation of whether village committee members assisting government in administrative tasks can be classified as "public servants" under Chinese law, particularly in the context of a case involving embezzlement of public funds by a village leader [1][3]. Group 1: Case Background - Xu, a party secretary of a village, was involved in a project funded by a street office to build a water reservoir for the village, which was outside the street's administrative jurisdiction [2]. - The street office allocated 300,000 yuan for the project, but Xu misappropriated 60,000 yuan by falsifying invoices [2]. Group 2: Legal Interpretations - There are two main viewpoints regarding Xu's actions: one argues that since the village is not within the street's jurisdiction, Xu does not qualify as a public servant and thus committed embezzlement; the other argues that Xu's actions fall under the category of public service as he was assisting the government in fulfilling its duties [3][6]. - The article supports the second viewpoint, asserting that the funds were public property intended for poverty alleviation and thus Xu's actions constituted embezzlement [4][6]. Group 3: Definition of Public Property - Public property is defined under Chinese law to include state-owned assets, collective assets, and funds designated for public welfare, such as poverty alleviation [4]. - The funds allocated for the water reservoir project are classified as public property since they were intended for a specific public purpose and controlled by the street office [4]. Group 4: Role of Village Committees - Village committees are considered autonomous organizations that do not inherently possess public authority unless they are assisting the government in administrative tasks [5]. - The article emphasizes that the classification of village committee members as public servants depends on their role in assisting government functions, which was applicable in Xu's case [5]. Group 5: Conclusion on Criminal Charges - Xu's actions are classified as embezzlement rather than misappropriation of collective funds, as he was acting in a capacity that involved public service [6]. - The distinction between embezzlement and misappropriation hinges on whether the individual was acting as a public servant while committing the act [6].
倍轻松再爆实控人马学军占用上市公司资金
Xin Lang Cai Jing· 2025-08-04 09:42
Core Viewpoint - The actual controller of Beiliang Company, Ma Xuejun, has been found to have occupied company funds through various means, raising concerns about financial transparency and governance [1][4][5]. Group 1: Fund Occupation Details - From October 2021 to the end of 2022, Ma Xuejun occupied a total of 408,230 yuan through employee loans [1]. - Additionally, the company made advance payments totaling 8 million yuan to a supplier, which were later identified as funds occupied by Ma Xuejun [3]. - The occupied funds have been returned, but the interest accrued remains a concern for regulatory compliance [4]. Group 2: Regulatory Implications - The occupation of funds by the major shareholder may lead to regulatory penalties, as it constitutes a violation of information disclosure obligations [4][5]. - Legal experts indicate that the actions could potentially violate securities laws and may result in criminal charges if certain conditions are met [5][6]. Group 3: Company Financial Performance - Beiliang Company has reported continuous losses over the past three years, with revenues of 895 million yuan, 1.275 billion yuan, and 1.085 billion yuan from 2022 to 2024, respectively [7]. - The net profit figures for the same period were -124 million yuan, -50.24 million yuan, and 1.019 million yuan, indicating a lack of significant recovery [7]. - High sales expenses have been a persistent issue, with sales expenses reaching 482 million yuan, 680 million yuan, and 544 million yuan, leading to high sales expense ratios [9]. Group 4: Market Position and Strategy - The company primarily relies on direct sales and has established a significant presence in physical retail locations, which incurs high fixed costs [11]. - The product category is characterized as non-essential, leading to reliance on promotional activities to drive sales, which further increases marketing costs [11]. - There is potential for improvement in sales efficiency and cost management, but the company is currently in an expansion phase that necessitates high marketing expenditures [11].
短视频平台高管被曝1.4亿元贪腐隐秘路径
第一财经· 2025-07-25 08:23
Core Viewpoint - The article discusses the rise of commercial corruption in the short video industry, highlighting a specific case involving a senior executive at a short video platform who embezzled over 140 million yuan through fraudulent schemes [2][4]. Group 1: Industry Overview - The short video industry has experienced rapid growth and intensified competition since 2020, prompting platforms to implement diverse reward schemes to capture market share [1]. - The increase in the number of companies and their expansion has led to a rise in commercial corruption cases, with the difficulty of power regulation contributing to this trend [4]. Group 2: Case Study - A senior executive, identified as Feng, exploited his position to design a service reward policy that appeared legitimate but was used to siphon off over 140 million yuan through shell companies and virtual currencies [2][3]. - The investigation revealed that Feng collaborated with suppliers to exploit policy loopholes and falsified documents to claim subsidies, resulting in significant financial misconduct [3]. - A comprehensive evidence system was established to trace the embezzled funds, leading to the recovery of over 90 bitcoins and subsequent convictions of Feng and his accomplices for embezzlement [4]. Group 3: Legal and Regulatory Context - The primary crimes identified in the report are embezzlement and commercial bribery, which are prevalent among corporate personnel leveraging their authority for illegal gains [5]. - Recent legal reforms have increased scrutiny and penalties for corruption within private enterprises, prompting companies to enhance their internal audits and monitoring processes [4].
海航集团原美籍高管、首席执行官谭向东三罪并罚获刑6年
经济观察报· 2025-07-22 08:55
Core Viewpoint - The article discusses the legal proceedings and sentencing of Adam Tan (谭向东), the former CEO of HNA Group, who was convicted of multiple financial crimes, including breach of trust and loan fraud, resulting in a six-year prison sentence [2][17]. Group 1: Legal Proceedings - Adam Tan was sentenced to six years in prison for three crimes: breach of trust damaging the interests of a listed company, loan fraud, and embezzlement [2][17]. - The Haikou Intermediate People's Court separated the cases of Tan and other executives due to Tan's U.S. citizenship, leading to different trial proceedings [10][4]. - The court's decision on Tan's case was announced on July 17, 2025, following the earlier sentencing of other executives, including Chen Feng, who received a total of 12 years in prison [13][16]. Group 2: Background of Adam Tan - Adam Tan, born in March 1967 in Jiangsu, China, became a U.S. citizen and joined HNA Group in its early days in the 1990s [5]. - He held various positions within HNA Group, including Vice Chairman and CEO, before the company was taken over by the Hainan provincial government in 2020 [5][6]. - Tan, along with other executives, was taken into custody by Hainan police in September 2021 due to criminal allegations [6][8]. Group 3: Regulatory Actions - The China Securities Regulatory Commission (CSRC) previously penalized Tan and Chen Feng for serious violations related to massive related-party transactions and fund misappropriation from 2018 to 2020 [17][18]. - The CSRC imposed a ten-year market ban on Tan, citing his role as a key executive and the severity of his violations [18][19]. - The legal charges against Tan are closely related to the CSRC's findings, which indicated significant breaches of fiduciary duty that led to substantial losses for the company [19][17].
海航集团原美籍高管、首席执行官谭向东三罪并罚获刑6年
Jing Ji Guan Cha Wang· 2025-07-22 07:01
Core Viewpoint - Adam Tan, the former CEO of HNA Group, was sentenced to 6 years in prison for multiple crimes including breach of trust, loan fraud, and embezzlement [1][4]. Group 1: Background of Adam Tan - Adam Tan, born in March 1967 in Jiangsu, China, later became a U.S. citizen and joined HNA Group in its early days during the 1990s [2]. - He served in various leadership roles within HNA Group, including Vice Chairman and CEO from 2016 to 2020, before being replaced after the group was taken over by the Hainan provincial government [2]. - In September 2021, he was taken into custody by Hainan police due to criminal allegations, alongside other key figures in the company [2]. Group 2: Legal Proceedings - The Haikou Intermediate People's Court sentenced Tan on July 17, 2025, for three crimes, resulting in a total of 6 years imprisonment and corresponding fines [4]. - The court's decision followed a series of criminal charges against Tan and other executives, including Chen Feng, who faced similar accusations [2][3]. - The court proceedings were split into two cases due to Tan's U.S. citizenship, which affected the legal process [2]. Group 3: Regulatory Actions - The China Securities Regulatory Commission (CSRC) previously penalized Tan and Chen Feng for serious violations related to HNA Group's financial practices between 2018 and 2020, including undisclosed related-party transactions [4][5]. - The CSRC imposed a 10-year market ban on Tan, citing his significant role in the company's illegal activities [5]. - The breach of trust crime is defined under Chinese law as actions by company executives that result in substantial losses to the company, with penalties ranging from imprisonment to fines [5][6].