1. Take advantage of his position to misappropriate the funds of his own unit for personal use or lend them to others. Among them, "personal use" includes the following three situations:
1. Provide the funds of this unit to myself, relatives and friends or other natural persons;
2. Use the funds of this unit for other units in the name of an individual;
3. Individuals decide to use their own funds for other units in the name of the unit to seek personal interests.
Two, constitute the crime of misappropriation of unit funds or customer funds must meet the following four conditions at the same time:
1. The subject of this crime must be the staff of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions. The "staff of other financial institutions" here refers to institutions engaged in financial business such as trust and investment and financial leasing. Except for the staff of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies and insurance companies such as trust and investment companies, financial leasing companies and finance companies.
2. The actor must be intentional subjectively, not due to the fault of his work or his inexperience in business. The misappropriated funds are for personal use or lent to others.
3. the behavior of the actor using his position to misappropriate the funds of the unit or the client. "Taking advantage of his position" refers to the convenience conditions formed by the subjects listed in this paragraph by taking advantage of the power or authority to be in charge, responsible or handle a certain business. "Misappropriation of funds of the Company or its customers" refers to unauthorized misappropriation of funds owned or controlled by the Company and funds deposited by the Company's customers or entrusted by the Company for settlement, remittance and custody. Fourth, the actor misappropriates the funds of the unit or the client without authorization, and it must meet the statutory conditions before it can constitute a crime.
Three, because the provisions are too brief, it may lead to misunderstanding. The key points to note are:
1. The standard of "large amount" of misappropriated funds is 654.38+10,000 yuan, and the starting point of "illegal behavior" of misappropriated funds is 60,000 yuan.
2. The "huge amount" of misappropriation of funds cannot be compared with the "huge amount" of misappropriation of public funds, but should be compared with the "serious circumstances" of misappropriation of public funds. The "huge amount" of misappropriation of funds is usually 4 million yuan, and the "huge amount" of illegal acts is 2 million yuan.
3. Compared with the case of misappropriation of public funds, the general standard is 2 million yuan, and the standard of illegal behavior is 6,543.8+0,000 yuan.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 667
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article six hundred and eighty
It is forbidden to lend at high interest rate, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.