What will be the sentence for violating Article 183 according to Article 271 of the Criminal Law?

Article 183 of the Criminal Law: 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.

Article 271:[Crime of Embezzlement in Public Office]Personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the 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.

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.

1. Do you judge for yourself whether it is determined by Article 271 or by the procuratorate? If it can be handled in accordance with Article 271, is it a person assigned to a non-state-owned insurance company by a non-state-owned insurance company, nor by a state-owned insurance company? As long as the identity of the suspect meets all the above two conditions, it may be dealt with under Article 271.

2. "According to Article 271 of the Criminal Code, how will such a situation be sentenced?" ": If the amount involved is 50,000 yuan, it is a huge amount (your provincial high court may have different regulations, please find it yourself, and the amount may also be larger in more economically developed areas), and it may be sentenced to "more than five years imprisonment, and property may be confiscated".

Attachment: Paragraph 1 of Article 271 of the Criminal Law: "Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of the property of their own units, 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.

3. "If the restitution is made, will it help in sentencing?" Of course, it will have an impact on sentencing, and where restitution is actively made, it is a circumstance that may be given a lighter punishment as appropriate.

4. "Is there any hope that a suspended sentence can be given, and if so, what will happen if the majority of the suspended sentences will occur?" ”：

1) If you are located in an economically developed area (such as Shanghai), and the standard for the crime of embezzlement in public office determined by the high court where you are located is 50,000 yuan, which is a relatively large amount rather than a huge amount, and the court may impose a fixed-term imprisonment of less than 3 years, it is possible to obtain a suspended sentence after actively restituting all the money.

2) If the amount is so large that a sentence of more than 5 years in prison is possible according to the criteria determined by the provincial high court, it is unlikely that a suspended sentence will be granted.

Attached: Article 72 of the Criminal Law: For criminals sentenced to [short-term detention or up to three years imprisonment], [based on the circumstances of the criminal's crime and expressions of remorse, the application of a suspended sentence will indeed no longer endanger society, a suspended sentence may be announced.] 】

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

It is the crime of absorbing customer funds without recording them.

Article 188 of the Criminal Law stipulates that if a staff member of a bank or other financial institution absorbs customer funds without recording them in the accounts, and the amount is huge or causes major losses, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; where the amount is especially large or causes especially heavy losses, a sentence of five or more years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given. Where a unit commits the crime in the preceding paragraph, 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 paragraph.

Article 172 of the Criminal Law is the crime of illegal possession and use of counterfeit currency.

In accordance with the Criminal Law of the People's Republic of China, the specific provisions are as follows:

Article 172:Whoever clearly knows that it is counterfeit currency and uses it, and the amount is relatively large, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine of between 10,000 and 100,000 RMB; where the amount involved is huge, a sentence of between 3 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount involved is especially huge, the sentence is to be 10 or more years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB, or confiscation of property.

Extended materials

Elements of the crime of illegal possession and use of counterfeit currency:

1) The perpetrator has the act of possessing counterfeit currency. The concept of "holding" here is broad, and the document not only refers to the perpetrator carrying counterfeit currency, but also includes the act of keeping counterfeit currency in one's own home, relatives and friends, and passing on counterfeit currency by himself or through others.

2) The perpetrator subjectively knew that what he was holding was counterfeit currency, and if the perpetrator subjectively did not know that what he was holding was counterfeit currency, such as carrying or storing it for another person while mistakenly believing it to be currency, this crime cannot be constituted.

3) The amount of counterfeit currency held by the perpetrator should reach a relatively large level.

The "relatively large amount" mentioned here refers to whether the perpetrator's behavior constitutes the crime of counterfeiting currency from the objective aspect. As for the specific amount that is the largest amount, the Supreme People's Court and Supreme People's Procuratorate may summarize the practical experience of adjudicating such cases, and make judicial interpretations based on the actual needs of cracking down on this type of criminal activity.

If the amount of counterfeit currency held by the perpetrator does not reach a "relatively large amount", it does not constitute this crime, and the public security organ may give administrative punishments such as detention and fines.