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Is the crime of stealing property for yourself a crime of embezzlement?
Ordinary embezzlement and theft are crimes against property. The object of the two crimes is the property of others, and both of them have the subjective purpose of illegally possessing other people's property, but there are significant differences between the two crimes, which are as follows: First, the criminal premise is different. The perpetrator of the crime of embezzlement must have actually held or controlled the property of others before encroaching on the property of others. Secondly, the time of criminal purpose is different. The purpose of illegal possession of the invader occurs after actually holding or controlling the entrusted objects of others, picking up the forgetting things of others and discovering the buried objects of others; The purpose of the thief's illegal possession occurs before secretly stealing other people's property. Finally, the objective aspects of crime are different. The act of embezzlement is to refuse to return or hand over the entrusted objects of others, the forgetting things of others actually held or controlled by oneself, and the buried objects of others discovered by oneself, so as to realize illegal possession. Legal basis: Article 265 of the Criminal Law of People's Republic of China (PRC), whoever steals another person's communication line, copies another person's telecommunication code number, or knowingly uses the stolen or copied telecommunication equipment and facilities, shall be convicted and punished in accordance with the provisions of Article 264 of this Law. Article 270 of the Criminal Law of People's Republic of China (PRC), whoever illegally occupies other people's property for his custody and refuses to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
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