Joke Collection Website - Public benefit messages - If the owner of the children's photography shop runs away, can he find an employee?
If the owner of the children's photography shop runs away, can he find an employee?
This depends on the specific situation. If the employee knows about it, it is OK. If the employee does not know about it, then the employee is also a victim, and there is no way to find the employee. If the amount is large, it is recommended to call the police, which may constitute Fraud.
If the company boss runs away, the responsibilities of the lowest-level employees will be divided into two types according to the situation:
1. The company is characterized as committing a crime such as fraud or illegally absorbing public deposits. behavior, then the sales, finance, etc. employees who participated may also constitute accomplices and need to be punished by law.
2. The company does not commit criminal acts, it is just an ordinary civil bankruptcy. As long as the employees do not promise to customers to guarantee the repayment of interest in their own names, then the employees themselves do not need to bear responsibility. .
According to Article 1 of the Supreme People's Court and the Supreme People's Procuratorate's "Interpretations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud": Fraud of public or private property worth between 3,000 yuan and more than 10,000 yuan, and between 30,000 yuan and more If the amount exceeds 100,000 yuan or 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic and social development conditions of the region, jointly study and determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for filing.
Article 2: If the amount of defrauding public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and any of the following circumstances occurs, he may be severely punished as appropriate in accordance with the provisions of Article 266 of the Criminal Law:< /p>
(1) To defraud an unspecified majority of people by sending text messages, making phone calls, or using the Internet, radio and television, newspapers, magazines, etc. to publish false information;
(2) Fraud for disaster relief , emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical supplies;
(3) committing fraud in the name of raising funds for disaster relief;
(4) defrauding the disabled, The property of the elderly or those who have lost the ability to work;
(7) Causing suicide, mental disorder or other serious consequences to the victim.
If the amount of fraud is close to the "huge amount" or "particularly huge amount" standards stipulated in Article 1 of this Interpretation, and falls under one of the circumstances specified in the preceding paragraph or is the leading member of a fraud group, it shall be determined separately. It is "other serious circumstances" and "other particularly serious circumstances" stipulated in Article 266 of the Criminal Law.
Legal Basis
According to Article 266 of the Criminal Law:
1. Anyone who defrauds public or private property, if the amount is relatively large, shall be sentenced to three years in prison. The following fixed-term imprisonment, criminal detention or surveillance, and concurrently or solely a fine;
2. If the amount is huge or there are other serious circumstances, the sentence shall be not less than three years but not more than ten years in prison, and concurrently a fine;
>3. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.
If the directly responsible person in charge and other directly responsible personnel of the unit commit fraud in the name of the unit, and the proceeds from the fraud belong to the unit, and the amount is more than 50,000 to 100,000 yuan, they shall be punished in accordance with Article 100 of the Criminal Law. The criminal liability of the above-mentioned persons shall be investigated in accordance with the provisions of Article 51; if the amount is more than 200,000 to 300,000 yuan, the criminal liability of the above-mentioned persons shall be investigated in accordance with the provisions of Article 152 of the "Criminal Law".
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