My position embezzled 39,200 yuan from the company. I have been released on bail pending trial and all the dirty money has been returned to the company. How should I be sentenced?

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If you take advantage of your position to illegally appropriate the property of your unit, and the crime amount reaches the starting point of "relatively large amount" of 10,000 yuan, the sentencing starting point can be determined within the range of four months' criminal detention to six months' imprisonment. On the basis of the sentencing starting point, for every additional 5,500 yuan in crime amount, the sentence can be increased by one month to determine the base sentence.

2. The sentencing starting point and the statutory sentencing range of more than five years in prison. Baseline Rules

If someone takes advantage of his position to illegally appropriate the property of his unit, and the amount of the crime reaches the "huge amount" starting point of 300,000 yuan, the sentencing starting point can be determined within the range of five to six years' imprisonment. . On the basis of the starting point of sentencing, for every additional 30,000 yuan in crime amount, the sentence can be increased by one month to determine the base sentence? ?

3. In the following circumstances, the penalty can be increased accordingly, but the cumulative amount will be increased. It shall not exceed 100% of the base penalty:

(1) If the act of occupational embezzlement seriously affects production and operations or causes other serious losses, it may be increased by less than 50% of the base penalty; if the two circumstances are met at the same time , the base penalty may be increased by no more than 10%;

(2) For repeated occupational embezzlement, the base penalty may be increased by not more than 30%:

(3) For occupational embezzlement, For funds and materials used to prevent and control sudden infectious diseases and other disasters, the base penalty may be increased by less than 20%;

(4) Official embezzlement of funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief and raising funds, the base penalty may be increased by less than 20%;

(5) If the money embezzled by official duties is used for illegal and criminal activities such as drug abuse, gambling, etc., the base penalty may be increased by less than 20%. < /p>

4. If occupation is carried out due to urgent needs such as medical treatment, the base sentence may be reduced by less than 20%.

Zongheng Legal Network-Hubei Luojia Law Firm-Lawyer Xu Tao