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Everything depends on the company, the company will be fine if it is not investigated, as long as the company reports and files a case, it will have to bear legal responsibility.
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Depending on the circumstances, if the amount is small, the sentence will not be imposed, and the company will give a penalty; if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention for the crime of embezzlement in public office; If the amount is huge, the sentence shall be fixed-term imprisonment of not less than five years, and the property may be confiscated concurrently. Article 271 of the Criminal Law Any worker of a company, enterprise or other unit who takes advantage of his position to solicit property from others or illegally accept property from others to seek benefits for others, and the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine. Where the staff of a company, enterprise, or other unit takes advantage of their position to violate state regulations by accepting kickbacks or fees in various names, which are owned by individuals, they shall be punished in accordance with the provisions of the preceding paragraph.
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Summary. First of all, if the paragraph is supposed to belong to the enterprise (non-state functionary), then the act constitutes embezzlement. If the charge is not a receivable from the enterprise, it may constitute fraud if it is collected in the name of the enterprise.
Therefore, it is necessary to judge the nature of the act by looking at the specific mode of conduct and the cause and purpose of the act, and only by determining the nature of the conduct can the crime be determined, and only by determining the crime can the sentence be estimated in combination with the content of the act. 100,000 yuan is a huge amount, and if it constitutes embezzlement in public office, the sentence is not less than five years imprisonment, and property may be confiscated concurrently.
In a private company, through others, more than 100,000 yuan, is it guilty?
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Hello, dear, how did you get the 100,000 yuan?
First of all, if the paragraph should belong to the enterprise (non-state functionary), then its act constitutes embezzlement. If the charge is not a receivable from the enterprise, it may constitute fraud if it is collected in the name of the enterprise. Therefore, it is necessary to judge the nature of the act by looking at the specific mode of conduct and the cause and purpose of the act, and only by determining the nature of the act can the crime be determined, and only by determining the crime can the sentence be estimated in combination with the content of the act.
100,000 yuan is a huge amount of jujubes, and if it constitutes embezzlement, he shall be sentenced to fixed-term imprisonment of not less than five years, and may also be sentenced to confiscation of property.
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