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How many years will Song Zhe be sentenced if he is arrested for the crime of occupation?

Original title: Song Zhe, former agent of Wang Baoqiang, arrested, lawyer: up to 15 years

On the evening of September 27, 2017, Beijing Chaoyang police issued a notice informing Song Zhe, a former agent of Wang Baoqiang, that on September 12, he was arrested on suspicion of occupation. According to the report, a film and television culture studio reported that from April 2012 to August 2016, Song Zhe, the general manager, took advantage of his position to take up the business funds paid by customers to the studio as his own, accepted by the police according to law, investigated and collected evidence, and on September 12, 2017, Song Zhe and others suspected of the crime of occupation of their positions were detained in criminal detention according to law. The case is currently under further work.

As soon as the incident happened, Penguin respondents took part in the discussion, including the melon eaters who were not too busy to watch it, and the professional lawyers who interpreted it from the legal level such as occupation.

Lawyer of intellectual property law: Wei Xi

'Song Zhe is very likely to be sentenced for occupation'

First, clear the definition of the crime of official embezzlement

According to the provisions of Article 271 of the criminal law, the crime of duty encroachment refers to the act that the personnel of a company, enterprise or other unit illegally occupy the property of their own unit as their own, with a large amount, by taking advantage of their position.

Two, whether constitute this crime, should have three conditions: 1, must be to make use of the convenience of his position. 2. There must be encroachment. 3. It must reach a large amount.

In this case, Song Zhe, Wang Baoqiang's agent, is fully responsible for Wang Baoqiang's company affairs. As mentioned in the previous news, there is a reality show. Without Wang Baoqiang's consent, Song Zhe unilaterally rejects the invitation of the program group. This also reflects Wang Baoqiang's trust in Song Zhe. According to this, some private affairs may be handled by Song Zhe instead. It is this convenience that Song Zhe is able to transfer Wang Baoqiang's property. Wang Baoqiang does not have certain power in the company, and it is impossible to move the company into empty space smoothly. However, Wang Baoqiang is still in the dark. According to the news, Song Zhe did transfer Wang Baoqiang's property.

3. In terms of amount, if the amount of embezzlement or bribery is not less than 200000 yuan but not more than 3 million yuan, it shall be recognized as "huge amount" as stipulated in the first paragraph of article 383 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined or confiscated of property. The amount of property transferred by Song Zhe needs to wait for the conclusion of the police investigation.

From the news, Song Zhe obviously has the subjective intention to transfer Wang Baoqiang's company property. In conclusion, Song Zhe is very likely to be sentenced to criminal punishment for occupation.

Other penguins gave sentencing advice according to the law.

Legal blogger: Qingshan law

'should be able to reach the ceiling of fixed-term imprisonment, i.e. 15 years'

According to the Supreme People's Court: Guiding Opinions of the people's Court on sentencing (for Trial Implementation), Article 62 [sentencing standards for fixed-term imprisonment of more than five years] stipulates that if a company or an enterprise takes bribes or embezzles 100000 yuan from its position, the benchmark punishment shall be fixed-term imprisonment of five years, with each increase of 20000 yuan, the term of imprisonment increased by six months.

Song Zhe, as Wang Baoqiang's agent, takes advantage of his position to usurp the property that should belong to Wang Baoqiang's company. In addition, Song Zhe's luxurious life, which is seriously inconsistent with his income, can predict that the amount of usurpation should be huge. The sentence of 100000 yuan is five years, and for every 20000 yuan increased by six months, it should be 15 years. According to this, the sentence of five years is the minimum, 15 years is also reasonable, and the property can be confiscated at the same time.

Senior legal reporter: legal outlook

In fact, the crime of embezzlement by Song Zhe is a very common crime. Song Zhe may have used his agent's identity to "Blackout" the company's property under the name of Yu Baoqiang and put it into his own pocket.

If we only use the convenience of work, such as being familiar with the environment, easy to mix in the scene, easy to access the target, even if we have obtained the property, it is not a crime. If it constitutes a crime, we should treat it as other crimes such as theft.

There is no end to suffering. Turning around is the best way. There are still some respondents who have analyzed the possibility of meritorious service and commutation of sentence.