Her reasoning was that the so-called enterprise refers to an economic organization established in accordance with the law and engaged in the production, operation or social service of goods for the purpose of profit. Although the machine processing plant of the victim unit was registered as an individual industrial and commercial household, the factory was actually operated and managed as an enterprise, and the number of employees was relatively large, and it had all the characteristics of an enterprise, so it should be regarded as an enterprise.

Lawyer Zhou has expanded the scope of "other units" as provided for in the first paragraph of Article 271 of the Criminal Law, understanding that it can include individual industrial and commercial households such as the machining factory in this case. Du Yong said.

"Well, I agree with you. This case should be characterized as a crime of misappropriation. After more than 20 minutes, Fang Yi put down the case file, thought about it and said.

"Can you help me explain, there are some things I still don't think too clearly." Du Yong humbly sought advice.

"My understanding is this: according to the provisions of paragraph 1 of Article 271 of the Criminal Law, the crime of embezzlement in public office refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the property of their own unit and the amount is relatively large.

It can be seen from this that the subject of the crime of embezzlement in public office should be the personnel of the company, enterprise or other unit. In my opinion, individual industrial and commercial households are regulated by the General Principles of the Civil Law (which has now been replaced by the Civil Code), and belong to special civil subjects who invest and operate by individuals and bear responsibility with their personal property, and are not the subject of the crime of embezzlement. The reasons are:

First, a sole proprietorship is different from a sole proprietorship mentioned in the Sole Proprietorship Law, and it is not an enterprise.

Second, individual industrial and commercial households are different from natural persons in civil law, and its most significant feature is that they are investors, and individual industrial and commercial households can be invested and operated by individual citizens or by family members.

If it is an individual investment and operation, the individual industrial and commercial household shall be regarded as an individual in the sense of criminal law; If it is a family investment and operation, it cannot be fully regarded as a unit in the sense of criminal law.

Third, a unit within the meaning of the Criminal Law must be a social organization established in accordance with the law, with a certain amount of funds and property, and with relative independence (independent assets, independent operations, independent personnel, independent finances, and independent institutions).

Although an individually-owned business is also a civil entity, it has all the characteristics of a natural person and does not have the organizational characteristics of a unit.

Therefore, in the sense of criminal law, a sole proprietorship is a substantive individual, not an enterprise or unit. Therefore, employees, helpers, and apprentices employed by individual businesses (regardless of their titles) cannot be the subject of the crime of embezzlement.

Although the victim in this case had a relatively large scale and a management method similar to that of an enterprise, it was still an individual industrial and commercial household, and it was still an individual in the legal sense.

Therefore, the driver employed by the processing plant did not belong to the subject of the crime of embezzlement in public office, and his misappropriation of the factory's property by taking advantage of his position did not constitute the crime of embezzlement. Fang Yi explained.

"Oh, when you say that, I'm much more transparent." Du Yong nodded.

"In this case, the defendant Niu Shenyi did not use the method of secret theft to take possession of the property in the possession of others as his own, but the essence of his act was to illegally take possession of the property that he temporarily kept for himself and refused to return it.

The defendant Niu Shenyi, as a driver employed by a machine processing factory of a self-employed business, was entrusted with the delivery of raw materials and products of the machine processing plant, and this employment entrustment relationship caused the two parties to form a custody relationship in a substantive sense for the goods delivered.

In other words, the defendant Niu Shenyi, as a driver delivering goods for individual industrial and commercial households, had the obligation to keep the goods on behalf of the car, but he illegally took possession of the property of others and fled and refused to return or hand it over, thus infringing on the property ownership of the machine factory, so I believe that his conduct constituted the crime of embezzlement. Fang Yi then explained.

Sending the Buddha to the West, since the case is analyzed for the team members, it must be analyzed thoroughly, and it cannot stop halfway through the words, which is not conducive to the improvement of the professional level of the team members.

The professional strength of a team is not determined by the person with the highest level of professionalism, and the person with the lowest level of professionalism will pull down the level of the whole team. Therefore, if Fang Yi wants to improve the professional level of the team and create a reputation, he can't hide his secrets.

Although Du Yong also felt that the defendant in this case should constitute the crime of embezzlement, he had not been transparent, so he would come to Fang Yi for advice.

Half a month later, the court's verdict once again confirmed Fang Yi's view.

The court held that the defendant Niu Shenyi illegally took possession of the private prosecutor's property worth 120,000 yuan that she kept on her behalf, and the amount was relatively large, and she refused to return it, and her conduct constituted the crime of embezzlement.

In accordance with the provisions of Article 270, Paragraph 1 and Article 64 of the Criminal Law, it was decided that the defendant Niu Shenyi committed the crime of embezzlement and was sentenced to one year imprisonment; The seized stolen money of 70,000 yuan was returned to the private prosecutor.

Of course, this is all later, and Du Yong doesn't know at this time.

"How is Meng Guangda doing? Is it already busy hitting the back of the head? Fang Yi asked with a smile.

"Brother Da is very hard, no matter whether it is a big case or a small case, as long as it is given to him and there is money to be made, he will accept it." Du Yong commented very objectively.

"Well, our team is just the three of you, and I'll try to distribute the cases as evenly as possible. Don't worry, if there is a fat job, I will not hold on to it, as long as you are willing to do it, everyone will earn it. Fang Yi smiled.

"Don't worry, we won't need to say it, we will also work hard." Du Yong replied.

No one is stupid to be a lawyer, if the boss is selfish and gives all the fat work to one person, or holds on to it, soon other lawyers will know that it will not be long before the team will be separated from morality, and the whole team will not last long.

Fang Yi is quite fair at this point, first of all, he will not throttle fat work by himself (his goal is to build a team, not simply make money by himself), and secondly, he will not favor a certain lawyer and form a gang within the team, so everyone is quite convinced of him.

Of course, in Du Yong's view, it may be that the team is small, and Boss Fang doesn't need to do this, and after the team develops, there are more lawyers, I don't know if Boss Fang can still have a bowl of water, so he can only take one step at a time, at least for now, everyone is quite satisfied.

Soon Shen Mingyuan's money laundering case was opened. Because the evidence provided by the prosecutor was very solid, Fang Yi could only defend the crime lightly, and the prosecutor recommended that the court sentence Shen Mingyuan to five years in prison for money laundering.

Fang Yi believed that Shen Mingyuan constituted the crime of money laundering, but he played an auxiliary role in the joint crime, was an accomplice, and should be punished lightly in accordance with the law, and recommended that the court sentence him to six months in prison.

At the end of the trial, the presiding judge announced the verdict in court.

The court held that the defendant Shen Mingyuan was instructed by others, in order to obtain illegal benefits, knowing that they were the illegal proceeds of the smuggling crime of others, but still colluded with others to use the smuggled proceeds to invest in the operation of the enterprise, and concealed and concealed the illegal nature and source of the illegal gains, and his conduct obstructed the order of China's financial management and constituted the crime of money laundering.

Defendant Shen Mingyuan played an auxiliary role in the joint crime and was an accomplice, and shall be given a lighter punishment in accordance with law. In accordance with the provisions of Article 191 (5) and Article 27 of the Criminal Law of the People's Republic of China, the judgment is:

1. Defendant Shen Mingyuan committed the crime of money laundering and was sentenced to one year and six months imprisonment and a fine of 320,000 yuan;

2. Confiscate defendant Shen Mingyuan's unlawful gains, a BMW car.

After the first-instance judgment was announced, the defendant did not appeal, and the public prosecution did not raise a counter-appeal, and the judgment took legal effect. Shen Mingyuan's case ended like this.

(End of chapter)