For personal gain, the executives of Company A, Ying XX and Pan XX, jointly established Company B to undertake construction projects during their tenure. In the process of carrying out the project in Company B, the two took advantage of their positions to arrange for the designers of Company A to participate in the project, and Company A paid the labor costs such as the designer's salary, bonuses, and reimbursement expenses, but the project fee was collected by Company B and included in the two people's pockets. A few days ago, after the Jing'an District Procuratorate prosecuted for the crime of embezzlement, the Jing'an District Court made a first-instance judgment and sentenced Ying XX to one year and ten months in prison, suspended for two years and six months; Pan was sentenced to one year and seven months in prison, suspended for two years, and fined 50,000 yuan.
Caption: Some of the suspect's inflated labor costs. Photo courtesy of the Jing'an District Procuratorate.
Empty gloves white wolf "East window incident.
In October 2022, Company A received a report from an employee, saying that the company's executives Ying Moumou and Pan Moumou took advantage of their positions to embezzle the company's project funds. After investigation, it was found that Company A paid a large amount of project bonuses, wages, reimbursements, etc., to its employees, but did not have corresponding project contracts and collection records. At the same time, a number of architectural design contracts and related invoices signed by Company B were found in the offices of Ying and Pan.
In fact, Company B is a shell company with no actual place of business and no employees, and it is actually controlled by Ying and Pan. It turned out that the two signed a design contract in the name of Company B, and then Company A paid the project fee by bearing the project cost, which was a proper white wolf with empty gloves. On March 31, 2023, the Jing'an Branch of the Shanghai Municipal Public Security Bureau filed a case for investigation after receiving a report from Company A, and on June 8 of the same year, Ying Moumou and Pan Moumou took the initiative to come to the case after being contacted by public security personnel.
Peel back the cocoon to find the truth.
On November 23, 2023, the public security organs transferred the case to the Jing'an District Procuratorate for review and prosecution on suspicion of embezzlement.
During the review process, the two criminal suspects confessed the facts, but they both objected to the amount of embezzlement, arguing that all the labor costs of more than 200 yuan reported by Company A should not be included in the amount of the crime, because part of the labor costs incurred were based on the projects undertaken by Company A and should be deducted.
This case involves many projects, and the criminal modus operandi is relatively special. The procurator who undertook the case believed that, judging from the modus operandi of Ying XX and Pan XX, although the labor costs incurred by Company A were not directly possessed by the two of them, the two took advantage of their positions in Company A to occupy the human resources of Company A in vain, and then undertook the project in the name of Company B to seek benefits for themselves, which ultimately led to the loss of Company A. Company A is tantamount to paying for the human resources owned by the two people free of charge. Therefore, it is logical to take this part of the labor costs lost by Company A as the amount of the crime of embezzlement.
After clarifying the basis for determining the crime of embezzlement, the criminal suspect and Company A have their own opinions on how much of the labor cost invested by Company A in this case, and the key point is whether there is a part of the labor cost incurred by Company A that Company A should have paid in the first place?
To this end, the procurator further interrogated the criminal suspect, reviewed all the case file materials, based on the project contract signed by Company B, questioned the project witnesses, and combed and compared the salary cost schedule, transfer records and other materials, and found that there were indeed three projects that Company A originally or subsequently undertook and the labor costs invested should be deducted. In the end, it was determined that the amount of the crime of embezzlement by Ying XX and Pan XX was more than 900,000 yuan.
Interpret the law and save losses.
After the amount of the crime was ascertained, new problems arose. In view of the large gap between the amount finally determined and the amount reported by Company A, if a simple lawsuit is filed, the contradiction may be exacerbated.
In order to truly bring the case to a conclusion, procurators are fully active in performing their duties, actively promoting efforts to recover stolen goods and recovering losses, and transforming education on admitting guilt and accepting punishment throughout the entire process of criminal proceedings. During the review and arrest stage, in the face of the criminal suspect Ying XX's refusal to confess, the procurator patiently communicated, and proceeded from the purpose of illegal possession and the basis for determining the amount of embezzlement, and explained in detail the social harm and the punishable nature of the punishment for using his position to facilitate the loss of Company A. Ying XX's attitude of admitting guilt went from being initially more resistant, to gradually realizing the illegality of his actions, and then to truthfully confessing. At the same time, during the review for prosecution phase, the procurator also fully explained the content and legal consequences of the plea system to Ying XX and Pan XX in light of the legally-prescribed punishment level and sentencing circumstances for the crime of embezzlement in public office. In the end, both of them voluntarily pleaded guilty and accepted punishment and promised to return all their losses.
Procurators fully listened to the opinions of the victim units, patiently answered questions, and while recovering the losses of the victim units, they also attached importance to the work of explaining the law and reasoning, and promoting the resolution of conflicts at the grassroots level. The procurator explained in detail the reasons and legal basis for not including part of the labor costs incurred by Company A in the amount of the crime from the aspects of the composition of the crime, the criteria for determining the amount of embezzlement in public office, and the rules for determining the evidence. At present, more than 900,000 yuan has been returned to the account of Company A.
Peeling back the cocoon and exploring the truth in handling cases is a manifestation of the procuratorate serving the people, but it is not the only one. We must be good at combining the orientation, process, and effects of procuratorial work with the needs, expectations, and expectations of the people, and through explaining the law and reasoning, let the people feel fairness and justice in every judicial case, and enhance the public's sense of judicial access, identity, and trust. The prosecutor said. (The names of the people involved in the article have been changed).
Correspondent: Ruan Ting, Xinmin Evening News reporter Guo Jianfeng.