Job Recruitment Website - Property management company - The property management company signed a real estate brokerage agreement with employees who did not have the right to operate real estate brokerage, but the income could not go up.
The property management company signed a real estate brokerage agreement with employees who did not have the right to operate real estate brokerage, but the income could not go up.
This crime is objectively manifested as taking advantage of his position to occupy the property of his unit. Specifically, it includes the following three aspects:
1. You must take advantage of your position. By taking advantage of your position, you mean taking advantage of your authority and the convenience related to your position. Authority refers to the power within my position and post, and the convenience related to my position refers to the convenience formed by my authority or post, or the convenience formed by other personnel although they do not directly use the authority of the position or post.
2. There must be encroachment. Unit property refers to all property owned by the unit according to law, including all property rights, intangible property rights and creditor's rights owned by the unit in its own name or not. Its specific forms can be buildings, equipment, inventory goods, cash, patents, trademarks and so on. The so-called illegal possession refers to the act of turning the property of the unit into private property by means of embezzlement, theft, fraud, etc., including the act of taking the property legally held by the unit for yourself, taking it for yourself, taking it for yourself, such as taking the property and equipment of the unit and selling it at a fixed price; Register the transfer of the unit house where you live as your own; Or hide the things you keep, and lie that they are stolen, lost, damaged, etc. , and including the use of his position, not to possess the property of the unit first, but to defraud, steal, embezzle and divide it up, thus turning it into a private ownership. As long as the purpose is illegal possession in essence, and the intention of illegal possession is expressed by taking advantage of one's position to reach the standard of large amount, this crime can be constituted by means of misappropriation, theft, fraud and so on, whether it is to hold it first and then take it for oneself, or not to hold it first and then take it for oneself. It is worth noting that once the actor's illegal possession of unit property begins, it will continue, but this is only the continuation of the result of illegal possession, not the continuation of the occupation of this crime. The completion of the occupation should be regarded as completed. As for the attempt, it depends on whether the crime of embezzlement is completed. If it is not completed, it shall be punished as attempted. If the accountant deliberately fails to record a certain sum of money, but it is found before the settlement, it should be regarded as an attempt of this crime.
3. It must reach a large number. If there is only illegal possession of property of companies, enterprises and other units, but it does not reach the standard of large amount, it does not constitute this crime. As for the relatively large starting amount, referring to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Violation of Corporate Bribery, Corruption and Embezzlement of Public Funds, it means that the property of companies, enterprises and other units is embezzled from 5,000 yuan to 6,543,800 yuan. Because of the uneven development of economic level, the standards for large sums in different provinces are different, generally higher than the original 5,000 yuan, such as 10000 yuan in Henan and1-20,000 yuan in southern cities.
I personally don't think so. Does not constitute a crime.
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