In 2002, Wang Zonghong, chairman of Jiuquan Sanzheng Century School, proposed to Zhang Weitong that he wanted to borrow 2 million yuan from his new village committee. Does it constitute the crime of e

In 2002, Wang Zonghong, chairman of Jiuquan Sanzheng Century School, proposed to Zhang Weitong that he wanted to borrow 2 million yuan from his new village committee. Does it constitute the crime of embezzlement? At the end of August 2002, Wang Zonghong, the chairman of Jiuquan Sanzheng Century School, proposed to the defendant Zhang Weitong that he wanted to borrow 2 million yuan from the Xincun Village Committee where Andy was located, with a monthly interest rate of 0.8%. Without consulting other members of the village committee, the clerk and cashier of the village committee was arranged to lend the village land acquisition compensation of * * 265438+ ten thousand yuan to Sanzheng Century School on September 2, 2002 at 1 1 and 102 1 respectively, with the agreed monthly interest rate of 0.8%. If an individual decides to lend public funds to other units in the name of the unit without seeking personal interests, it does not constitute the crime of misappropriating public funds.

Article 272 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others, and fails to pay them back for more than three months, or engages in profit-making activities or illegal activities for less than three months, shall be sentenced to fixed-term imprisonment or criminal detention; Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.

Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be mitigated or exempted.