Employees steal a million yuan crayfish to be sentenced!Wen Heyou and Hi Tea are also "anti -corruption"?
Author:Poster news Time:2022.08.27
Will it be sentenced to stealing crayfish? Recently, three employees of the catering brand and friends were tortured by corruption, and one of the employees sold millions of crayfish for debt repayment. Coincidentally, the two managers of Shanghai Yicheng Store were detained for more than 130,000 yuan to make a single fraud case. China News Network confirmed that it was a store from the aspect of Xixi. It is understood that the above -mentioned enterprises have internal control mechanisms. Lawyers said that the internal control of the enterprise is an important evidence of criminal prosecution procedures.
The "anti -greed" of the Internet celebrity brand
Wenheyou is a catering culture brand founded by Wenbin in 2015. It is affiliated to Hunan Wenhe Youchen Industry Development Group Co., Ltd. The company involved in the case is Wenhe You Food Technology Co., Ltd.
The person in charge of Wenheyou brand operation responded to China News Network. In June 2021, the company received a report from the audit department. A few staff members of the company's logistics and investment departments used their positions to ask for their positions to ask for property and occupy the company's property. He Youyou actively cooperates with the investigation of the public security organs.
Another tea brand like tea has also recently experienced similar problems. In the summer crackdown on the "100 -day operation", a few days ago, the Shanghai Xuhui police cracked a fraud case. The takeaway delivery staff colluded with the tea store manager, using the company to make the bill settlement vulnerability, more than 800 malicious fictional orders, and the courier was set up successively. The delivery fee was more than 130,000 yuan, and 11 suspects in the case were arrested. Xixi has confirmed to Chinanews.com as its subordinates. At present, the case is still under investigation.
The two brands mentioned above are online celebrity brands in recent years. Due to the complex supply chain, the phenomenon of corruption in the catering industry is common. For example, the procurement department is considered to be the most "oil and water" place, which is the internal corruption and severe disaster area. There are also cash registers and finances. Employees are also easy to drill empty positions. After the rapid growth period of the Internet celebrity brand, its corruption issues have increasingly attracted their attention.
The manager of Xidcha Yidian store was detained for more than 130,000 yuan to make a single fraud case.
Corporate employees can be put into punishment when corruption reaches 60,000 yuan
According to the first -instance sentence of the first instance of the People's Court of Tianxin District, Changsha City, Hunan Province, Liao Shuai, Zhou Long, and Fan Xin, the three employees of Wenhe You Food Company, used the way of receiving a rebate to obtain property from the four suppliers. The defendants Liao Shuai and Zhou Long jointly received a total of 1.88 million yuan. According to the distribution ratio agreed in advance, the defendant Liao Shuai actually scored 1.316 million yuan. A total of 133,851 yuan was buckled, and he had 5,000 yuan of stolen money from the defendant Zhou Long. In addition, Zhou Long also sold the company's million yuan crayfish for debt repayment.
In the end, the three of them were convicted of bribery for non -state staff in the first instance and refunded illegal income. They were sentenced to six months to four years in prison, and each fined 5,000 yuan to 100,000 yuan. Zhou Long also committed the crime of occupation, sentenced to three years and six months in prison, and fined 100,000 yuan.
Accepting rebates and selling products is a common phenomenon of corporate violations. So, what are the basis for judging from violations to illegal law? Xia Hailong, a lawyer of Shanghai Shenlun Law Firm, introduced to China News Network that this behavior of non -state -owned enterprise employees may be suspected of being crime of bribery or occupation of non -state staff. The standard of prison is 60,000 yuan. Once it is reached, the public security organs can investigate criminal investigation.
The criminal law on the crime of bribery of non -state staff is in Article 163, Paragraph 1 and 2: Staff in the company, enterprise or other units use the convenience of their positions to obtain others 'property or illegally accept others' property illegally. If you seek benefits for others, if the amount is large, it will be imprisoned or detained for less than five years; if the amount is huge, it will be imprisoned for more than five years and can be confiscated. In the economic exchanges, the staff of the company, enterprise or other units use their positions in their duties, violate state regulations, and receive various names and fees in various names, and they are punished in accordance with the provisions of the previous paragraph.
"An interpretation of the Supreme People's Procuratorate on the Application of Laws for Criminal Criminal Cases of Criminal Criminal Cases" (Fa Shi [2016] No. 9), Article 11 of the Criminal Law, and Article 163 of the Criminal Law , The starting point of the "large amount" and "huge amount" in the crime stipulated in Article 271, shall be twice the amount (60,000 yuan 60,000 yuan for the amount of the amount of bribery and corruption in accordance with this explanation of the crime of bribery and corruption. ), Five times (1 million yuan) execute.
Internal control of the enterprise
Is an important evidence of criminal prosecution procedures
It is understood that Wenheyou and Xixi Tea both have internal trials and anti -corruption departments. Wenhe Friends responded that the company has been tolerating corruption and has been working hard to improve internal control. At present, it has established a clean and self -discipline management system and anti -corruption reporting mechanism, and regularly controls employee internal control training.
Xia Hailong said that the corruption behavior of employees is a serious violation of every enterprise, and the company has a corresponding internal control mechanism within the enterprise. In the criminal prosecution procedure, the situation and data of the enterprise will become important evidence.
He said that the internal control methods of the enterprise are more diverse.First of all, it will agree with employees in the labor contract at the institutional level.In the internal management of the enterprise, such as supplier management and customer management, some prohibited content will also be clearly stipulated.In addition, there is also a very important point in the financial process. For example, there will be relevant regulations in major cooperation, expense reimbursement, foreign payment and other matters, and can find out and identify employees' violations in time.The composition of internal control members is different from the size of the enterprise.Xia Hailong introduced that small enterprises may be responsible for the internal control of the legal affairs or financial department.In addition to legal affairs and finances, some relatively large internal control majors in the company also include some professional investigation roles, especially some Internet factories. Because of the large number of employees and large business volume, some police officers who come out of the system will hire some police officers from the system., Prosecutor to do internal control.
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