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What responsibility should the lowest-level employees bear when the boss of a wealth management company runs away?
1, the company is characterized as fraud or illegal absorption of public deposits and other criminal acts, then employees who have participated in sales and finance may also constitute accomplices and need to be punished by law.
2. The company has no criminal behavior, just ordinary civil bankruptcy. As long as the employee does not personally promise to the customer to guarantee repayment and pay interest, then the employee himself does not need to bear the responsibility.
According to Article 1 of the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, those who swindle public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but less than 100,000 yuan and less than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Article 2: Whoever defrauds public or private property and reaches the amount specified in Article 1 of this Interpretation, under any of the following circumstances, may be given a heavier punishment according to the provisions of Article 266 of the Criminal Law:
(1) defrauding an unspecified majority by sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines;
(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;
(three) fraud in the name of disaster relief fund-raising;
(four) defrauding the disabled, the elderly or the disabled;
(7) Causing the victim to commit suicide, mental disorder or other serious consequences.
If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.
Extended data:
According to Article 266 of the Criminal Law:
1. Whoever swindles public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 151 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law.
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