What is the crime of an employee receiving 20,000 yuan from a customer, and how long can he be sente

An employee who receives 20,000 yuan from a customer constitutes the crime of embezzlement, and may be sentenced to up to three years in prison or criminal detention.

Legal analysisThe object of the crime of embezzlement in public office is the ownership of property of a company, enterprise or other unit. This crime is objectively manifested as taking advantage of one's position to embezzle the property of the unit, and the amount is relatively large. The subject of this crime is a special entity, including personnel of companies, enterprises, or other units.

This crime is directly intentional in the subjective aspect and has the purpose of illegally taking possession of the property of a company, enterprise or other entity. The subject of this crime is the personnel of a company, enterprise or other unit. Whether it is a stock company, a limited liability company, a state-owned company, an enterprise, a Sino-foreign joint venture, a Sino-foreign cooperative enterprise, a collective enterprise, a wholly foreign-owned enterprise, a private enterprise, etc., all employees who do not have the status of state functionaries can become the subject of this crime.

The subject of this crime is a staff member of a company, enterprise, or other unit, and is not a state functionary, and is a special subject; The subject of the latter is a general subject, that is, a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility. The subjective aspect of this crime is manifested in the determination to illegally take possession of the property of the unit by means such as embezzlement, theft, fraud, etc., knowing that it is the property of the unit; The subjective content of the latter sin is the refusal to take possession of the property, forgotten or buried property that is kept on behalf of another person and refuses to return it. In the objective aspect, this crime is manifested in the illegal appropriation of the unit's property by taking advantage of one's position, that is, turning public property into private property.

However, the perpetrator must take advantage of his position to employ such means as embezzlement, stealing, or fraudulently obtaining it, but whether or not the property has already been possessed by him does not affect the establishment of this crime; The latter, on the other hand, must first take possession of another person's property in a legitimate, bona fide and lawful manner, and then use various means to take possession of it and refuse to return it, and the act does not require the use of the convenience of the position.

Legal basisCriminal Law of the People's Republic of China》 Article 271 Where a staff member of a company, enterprise, or other unit takes advantage of his position to illegally take possession of the unit's property, and the amount is relatively large, he shall be sentenced to up to three years imprisonment or short-term detention and shall also be fined; 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.

The employee privately collected 20,000 yuan from the customer and did not record it in the account, which is an act of embezzlement, which does not constitute a crime and cannot be sentenced.

Summary. "Criminal Law of the People's Republic of China" Article 266 refers to the use of fabricated facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property.

1. Whoever commits this crime is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine.2. Where the amount is huge or there are other serious circumstances, a sentence of between three and 10 years imprisonment and a concurrent fine 3. Where the amount is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

A friend of mine received 15,000 from his boss, will he be sentenced?

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A friend of mine collects 15,000 yuan from the boss without permission, will he commit a crime?

The specific reason for receiving the money is unclear, and if it is fraud, it will be sentenced. 、

The specific reason for receiving the money is unclear, and if it is fraud, it will be sentenced. 、

Whoever commits this crime is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or where the amount of the penalty is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of not less than ten years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

"Criminal Law of the People's Republic of China" Article 266 refers to the use of fabricated facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property. 1. Whoever commits this crime is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine.2. Where the amount is huge or there are other serious circumstances, a sentence of between three and 10 years imprisonment and a concurrent fine 3. Where the amount is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

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If you receive the goods without handing them over to the boss, will you commit a crime?

Collecting money privately should be handed over to the company, otherwise you may be suspected of embezzlement, and don't make a big mistake with small profits. If you cause losses to the company, the company has the right to demand compensation from you.