PAC(工业级聚合氧化铝)

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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].