Case Analysis of Occupation in 222-criminal judgment-No Prosecution (Procuratorate)

Jurisdiction Court: People's Procuratorate of a certain county

Cause of action: duty embezzlement

Party: Li Moumou (pseudonym)

Defendant: Li Moumou, female, born on August 7, 1962, Han culture: high school

On October 26, 216, she was released on bail by the public security bureau of a certain county on suspicion of duty embezzlement.

since 1998, Wang moumou has been the legal person of Hongyuan coal preparation company in XX county, and Li moumou, who is not prosecuted in this case, has been the financial section chief of Hongyuan coal preparation company in XX county. Since 27, Wang Moumou and Li Moumou lent their 1 million yuan of unrecorded funds (the company's off-balance-sheet funds received through teller Zhang Moumou's personal bank account) to Hongyuan Coal Preparation Company, which they had concealed from all shareholders and employees of Hongyuan Coal Preparation Company in a certain county over the years, to Zhang Moumou, and the interest was calculated at the loan interest rate of 1.5% per month. The latter two changed Zhang Moumou's personal name into a fictional "Wang Mouqun". By the end of December 211, the funds were even in the local area.

Since 26, Hongyuan Coal Preparation Company has invested in the construction of Hongyuan International Hotel in a village in Jingsheng Town, XX County. Wang and Li put the unrecorded funds of 1322928.89 yuan received from Hongyuan Coal Preparation Company through their accounts into the construction of Hongyuan International Hotel in the form of personal loans, and calculated the interest at a monthly interest rate of 1.5 points. By the end of December, 211, the capital with principal and interest had reached 22,412,928.89 yuan (including interest of 9.39 million yuan), because the infrastructure account of Hongyuan International Hotel had been kept in escrow by the Finance Department of Hongyuan Coal Preparation Company since its preparation, and it was not until the end of 211 that Hongyuan Coal Preparation Company handed over the infrastructure account of Hongyuan International Hotel to the Finance Department of Hongyuan International Hotel. When the finance was handed over, Wang Moumou and Li Moumou, The above two funds are listed as other payables of the hotel under the fictitious names of "Wang Mouqun" and "Zhao Moshuang", and they are handed over to the Finance Department of Hongyuan International Hotel together with the interest totaling 37,812,928.89 yuan.

in June p>213, after discussion between Wang and Zhang, who runs a tourism project in a certain county, Zhang decided to buy all the shares of Hongyuan Coal Preparation Company in his own name. Wang and Li continued to conceal the true situation of the debts of Wang Mouqun and Zhao Moshuang. On June 2th, Hongyuan Coal Preparation Co., Ltd. of a certain county held a shareholders' meeting, and all the shareholders at the meeting agreed to transfer their shares to Zhang Jian * * *. During the meeting, Wang Moumou and Li Moumou still failed to explain to all shareholders the fact that the more than 4 million funds belonged to the company, and all shareholders signed the resolution of the shareholders' meeting with the content "There is no economic and legal relationship between shareholders and Hongyuan Coal Preparation Company and Hongyuan International Hotel Company after withdrawal". Zhang * * and his younger brother Zhang Moudong signed the Equity Transfer Agreement with all shareholders one by one respectively. After the transfer, Zhang * * successively repaid the debts of the original company in the course of its operation, but the legal representative and chairman of the company were still Wang Moumou because of the lawsuit involved.

in the process of Zhang * * * paying part of the creditors' funds one after another, Wang considered that "Wang Mouqun" and "Zhao Baoshuang" were fictitious names, and once Zhang * * * knew it, it was impossible to pay, so Wang and Li decided to change the names of "Wang Mouqun" and "Zhao Baoshuang" to two real names to facilitate the control of funds in the future.

On November 1th, 214, Wang informed two real people he was looking for, Zhao Mouwei and Wu Mou Tang, to Hongyuan International Hotel. With the consent of Zhang * * *, the four people signed a Creditor's Rights Transfer Agreement, stipulating that the debts of Zhao Mouwei's name was 18.55 million yuan and Wu Mou Tang's name was 165,159.29 million yuan, totaling 45,65,929 yuan. On November 11th, 214, Wang Moumou and Zhang * * * signed a debt-to-equity swap agreement, which stipulated that Wang Moumou would permanently enjoy 25% equity in Hongyuan International Hotel Company and enjoy rights and perform obligations according to this share ratio. At this point, in 213, under the fact that all the shares were transferred to Zhang * * * and Zhang Moudong, Wang became an individual shareholder of Hongyuan International Hotel with 25% of the shares by signing a false transfer of creditor's rights, and the company's assets were personally converted into private shares by Wang.

After the court examined and returned it twice for supplementary investigation, the court finally concluded that the fact that Wang Moumou and Li Moumou constituted the crime of embezzlement was unclear and the evidence was insufficient, which did not meet the conditions for prosecution. In accordance with the fourth paragraph of Article 171 of the Criminal Procedure of the People's Republic of China, it was decided not to prosecute Wang Moumou and Li Moumou.