Whether the misappropriation of funds is used or not

For the crime of misappropriation of funds, if the misappropriated funds are returned in full, the punishment may be mitigated or mitigated as appropriate.

The crime of misappropriation of funds refers to the conduct of a staff member of a company, enterprise, or other unit taking advantage of his position to misappropriate the unit's funds for personal use or lending them to others, and the amount is relatively large and has not been repaid for more than 3 months, or the amount is relatively large although it has not exceeded 3 months, and the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out.

Criminal Law: Article 272 Where a staff member of a company, enterprise or other unit takes advantage of his position to misappropriate the funds of his unit for personal use or lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although the amount has not exceeded three months, the amount is relatively large, and for-profit activities are carried out, or illegal activities are carried out, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where the amount of funds embezzled from the unit is huge, or the amount is relatively large and is not returned, a sentence of between three and ten years imprisonment is to be given.

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, commit the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of article 384 of this Law.

The crime of misappropriation of funds is misappropriation, and if it is used to squander or occupy it for oneself by taking advantage of one's position, it is the crime of embezzlement.

If the court convicts you of the crime of misappropriation of funds, it means that your friend has already paid back the money, and if you do not pay it back, it is the crime of embezzlement.

If it is a crime of embezzlement, in addition to the recovery of illegal gains, a fine will generally be imposed. Unlawful gains are certainly subject to recovery, unless they are far beyond their means, and if the stolen money is not recovered, a heavier sentence will be imposed.

As far as this case is concerned, logically speaking, 70,000 yuan should still be returned, regardless of whether the court and the procuratorate will come to recover from your friend after serving his sentence!

Since the sentence is sentencing, then there is no need to pay it back.

If the more than 70,000 yuan is returned at the time of sentencing, the sentence may be light. Are you still doing it? It's better to treat him as if he has no money.

Of course, there is also interest and penalties.

must also be returned, unless he does not have any property.

Other units for the crime of misappropriation of funds refer to units that do not belong to companies and enterprises, such as private kindergartens and schools. According to the provisions of Article 272 of the Criminal Law, if a staff member of a company, enterprise or other unit takes advantage of his position to embezzle the funds of his unit for personal use or lend them to others, and the amount is relatively large and he fails to repay it for more than three months, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention if the amount is relatively large or the amount is relatively large, and he or she carries out profit-making activities or conducts illegal activities; where the amount of misappropriation of the unit's funds is huge, a sentence of between three and seven years imprisonment is to be given; where the amount involved is especially huge, the sentence is to be seven or more years imprisonment. Where personnel of state-owned companies, enterprises, or other state-owned units engaged in public affairs and personnel of state-owned companies, enterprises, or other state-owned units appointed to non-state-owned companies, enterprises, or other units to engage in public affairs have the conduct described in the preceding paragraph, they shall be convicted and punished in accordance with the provisions of article 384 of this Law.

The crime of misappropriation of funds refers to the conduct of the staff of a relevant unit who takes advantage of their position to misappropriate the unit's funds for personal use or to lend them to others, and the amount is relatively large and has not been repaid for more than three months, or the amount is relatively large but has not exceeded three months, and is used for profit-making activities, or is used to carry out illegal activities. The form of responsibility is intentional, and the perpetrator must know that it is the unit's funds and illegally occupy and use them.

The constitutive elements of the crime of misappropriation of funds include the following:

1. The object infringed by this crime is the right to use the funds of a company, enterprise or other unit;

2. The objective aspect of this crime is that the perpetrator took advantage of his position to misappropriate the unit's funds for personal use or to lend them to others;

3. The subject of this crime is a special subject, that is, the staff of a company, enterprise, or other unit;

4. This crime can only be intentional in the subjective aspect.

Criminal penalties for the crime of misappropriation of funds:

1. Whoever commits the crime of misappropriation of funds is generally sentenced to up to three years imprisonment or short-term detention;

2. Where the amount of money appropriated from the unit is huge, the sentence is to be fixed-term imprisonment of not less than three years but not more than seven years;

3. Where the amount of misappropriation of the unit's funds is particularly huge, the person shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: Article 186 of the Criminal Law.

Where the staff of banks or other financial institutions issue loans in violation of state regulations, and the amount is huge or major losses are caused, they are to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine of between 10,000 and 100,000 RMB; where the amount is especially huge or causes especially heavy losses, a sentence of five or more years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given.

Where the staff of banks or other financial institutions violate state regulations by granting loans to related parties, they shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Where a unit commits the crimes in the preceding two paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding two paragraphs. The scope of related parties shall be determined in accordance with the "Commercial Bank Law of the People's Republic of China" and relevant financial laws and regulations.

According to article 272 of the Criminal Law of the People's Republic of China, the crime of misappropriation of funds refers to the conduct of a staff member of a company, enterprise or other unit who takes advantage of his position to misappropriate the unit's funds for personal use or to lend them to others, and the amount is relatively large and has not been repaid for more than 3 months, or the amount is relatively large but has not exceeded 3 months, and profit-making activities are carried out, or illegal activities are carried out. The predecessor of this crime is the crime of misappropriation of unit funds by companies and enterprise personnel as stipulated in Article 11 of the Decision on Punishing Crimes Contrary to the Company Law promulgated by the Standing Committee of the National People's Congress on February 28, 1995.

This crime can only be intentional in the subjective aspect, that is, the perpetrator clearly knows that he is misappropriating or borrowing the funds of his own unit and taking advantage of his position, but still intentionally commits it. The act of misappropriating the funds of the unit is divided into the general misappropriation of the unit's funds in violation of law and discipline and the criminal act of misappropriating the funds of the unit. Distinguish the boundaries between the two.

The elements that constitute the crime of misappropriation of funds are:

1. Object element: The object of infringement of this crime is the right to use the funds of a company, enterprise or other unit;

2. Objective elements, objectively manifested as taking advantage of one's position to misappropriate the unit's funds for personal use or lending to others, and the amount is relatively large and has not been repaid for more than three months;

3. The main body is the staff of the company, enterprise or other units;

4. Subjective element, subjective is intentional.

[Legal basis].Paragraph 1 of Article 272 of the Criminal Law.

Where the staff of a company, enterprise, or other unit takes advantage of their position to misappropriate their unit's funds for personal use or quarrel and lend them to others, and the amount is relatively large and has not been repaid for more than three months, or although it has not exceeded three months, the amount is relatively large and for-profit activities are carried out, or several persons carry out illegal activities, they are to be sentenced to up to three years imprisonment or short-term detention; where the amount of misappropriation of the unit's funds is huge, a sentence of between three and seven years imprisonment is to be given; Whoever has a particularly large amount of several liters of grinding is to be sentenced to fixed-term imprisonment of not less than seven years.