Am I guilty of embezzlement? Thank you

You are not guilty of embezzlement. The crime of embezzlement in public office (Article 270 of the Criminal Law) refers to the conduct of personnel of a company, enterprise or other unit who take advantage of their position to illegally take possession of the property of their own unit and the amount is relatively large.

You are equivalent to **person, **selling the company's house, you and the customer conspired to infringe on the company's interests, and if the **person and a third party infringe on the interests of the **person, compensate for the loss. Therefore, both you and the customer shall pay the company 25,000

Get a lawyer. In the future, don't trust such customers casually, people are cunning, and they die for money. Take it in the right way.

According to the actual situation, if a person belonging to a company, enterprise, or other unit takes advantage of his position to illegally take possession of the property of his or her own unit, and the amount is relatively large, it is the crime of embezzlement in public office.

The relevant laws provide for the Criminal Law of the People's Republic of China

Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.

The legal provisions on the crime of embezzlement in public office are: Where the crime of embezzlement in public office is constituted and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention and a concurrent fine shall be given. The crime of embezzlement in public office refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property for themselves, and the amount is relatively large.

[Legal basis].Article 271 of the Criminal Law.

Where the staff of a company, enterprise, or other unit takes advantage of their position to illegally take possession of the unit's property, and the amount is relatively large, they are to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine.

Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

Any unit or individual may report the crime of embezzlement in public office to the public security organs, people's procuratorates, or people's courts. Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified.

[Legal basis].

Article 109 of the Criminal Procedure Law of the People's Republic of China.

When public security organs or people's procuratorates discover the facts of a crime or a criminal suspect, they shall file and investigate the case in accordance with the scope of their jurisdiction.

Criminal Procedure Law of the People's Republic of China, Article 110, Paragraphs 1 and 2.

Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts.

Legal Analysis: The crime of embezzlement refers to the illegal occupation of the unit's property by personnel of a company, enterprise or other unit in violation of the law and taking advantage of their position.

Legal basis: Criminal Law of the People's Republic of China

Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property, and the amount is relatively large, shall be sentenced to up to five years imprisonment or short-term detention; where the amount involved is huge, the sentence is up to five years imprisonment and may concurrently confiscate property.

Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

Article 270:Where the property of others in custody is illegally taken for oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

Article 183 Where a staff member of an insurance company takes advantage of his position to deliberately fabricate an insurance accident that has not occurred to make a false claim, and fraudulently obtains that the insurance money belongs to him, he shall be convicted and punished in accordance with the provisions of Article 271 of this Law.

Where the staff of a state-owned insurance company or a personnel appointed by a state-owned insurance company to engage in official business in a non-state-owned insurance company commits the conduct described in the preceding paragraph, they shall be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

The object of the crime of embezzlement in public office is the ownership of property of a company, enterprise, or other unit. The term "company" here refers to a non-state-owned limited liability company and shares established in accordance with the provisions of the Company Law of the People's Republic of China; The term "enterprise" refers to a non-state-owned for-profit economic organization established with the approval of the administrative organ for industry and commerce with a certain amount of registered capital and a certain number of employees, such as shops, factories, restaurants, hotels, various service industries, transportation industries, and other economic organizations; "Other units" refers to non-state-owned social groups or economic organizations other than companies and enterprises, including collective or private institutions, as well as various groups. The object of the crime of embezzlement in public office is the property of a company, enterprise or other unit, including movable property and immovable propertyThe so-called "movable property" not only refers to money (including RMB, foreign currency, valuable**, etc.) that has been in the possession and management of a company, enterprise or other unit, but also includes property that the unit has the right to possess but has not yet taken possession, such as the creditor's rights owned by the company, enterprise or other unit.

As far as the form of property is concerned, the object of the crime includes tangible and intangible objects, such as factories, electricity, gas, natural gas, industrial property rights, etc.