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A criminal case of stealing the right to operate a supermarket
The court found that in May 20001year, the defendant Fiona Fang worked as an information clerk in Zhenbei Store of a large supermarket in Shanghai, responsible for the maintenance of the computer system in the supermarket. During his tenure, Fiona Fang found that he could embezzle commercial funds by modifying the computer system in the supermarket. In May 2004, after Fiona Fang and Chen Weijia resigned from the supermarket, they began to collude with Yu Qi, who was still working as an information clerk in Zhenbei Store, and prepared to intercept the operating expenses of the supermarket with illegal software programs.
From June 2004 to August 2005, Yu Qi, Zhao Yiqing, Shi Wenjun and others took advantage of their positions as supermarket information clerks and cashiers to install and transmit illegal applications designed by Fiona Fang to the cashier systems of Zhenbei Store, Jinshan Store and Qibao Store in this supermarket. Subsequently, they collected and recruited people from the society, interviewed them and trained them in criminal skills, and then placed them in positions such as supermarket cashiers. In more than a year, 43 defendants, including Fiona Fang, Yu Qi and Chen Weijia, have misappropriated public funds of more than 3.97 million yuan. Afterwards, each of the 43 defendants received several thousand yuan to several hundred thousand yuan.
After hearing the case, the Jinshan District Court held that the defendants Fiona Fang and 42 defendants, including Yu Qi, Chen Weijia, Zhao Yiqing, Chen Qi and Shi Wenjun, used their positions as supermarket information officers and cashiers to embezzle supermarket business funds for the purpose of embezzlement, and the amount was huge. Their actions had violated the provisions of the first paragraph of Article 271 of the Criminal Law, and they should be investigated for criminal responsibility for the crime of embezzlement by taking advantage of their positions.
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