Legal analysis: It is suggested to report the case to the public security organ in time. A bank employee who takes advantage of his position to encroach on other people's legitimate property has already constituted occupation, and the public security organ can recover it after reporting the case.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 183 Any employee of an insurance company who, by taking advantage of his position, deliberately fabricates an insurance accident that has never happened to make false claims and defrauds the insurance money into personal possession shall be convicted and punished in accordance with the provisions of Article 271 of this Law.

Article 271 Any staff member of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.

2. What is the crime of embezzlement and misappropriation of payment by employees of individual industrial and commercial households?

May constitute a crime of embezzlement.

1. On the Crime of Embezzlement Article 270 of the Criminal Law of People's Republic of China (PRC) * * * The crime of embezzlement illegally takes possession of the property kept by others, and refuses to return it in a large amount, and shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph. This crime can only be dealt with if it is spoken.

2. On the crime of embezzlement and misappropriation of funds. The property of individual industrial and commercial households belongs to the head of household, not the unit property, but the personal property equivalent to the head of household. Therefore, individual industrial and commercial households are not companies or enterprises, nor are they "other units" in the crime of job embezzlement and misappropriation of funds. Therefore, it does not constitute the crime of embezzlement and misappropriation of funds.

3. The essential difference between this crime and the crime of embezzlement is that it changes the relationship of property possession against the will of others, that is, illegally deprives others of possession and establishes their own possession. The actor can't actually possess the property himself, but can only commit embezzlement on the property he has actually possessed; The crime of embezzlement is a change from legal possession to illegal possession. Employees of individual industrial and commercial households are employed and have the premise of legal custody and possession of property, so they should not be convicted.

3. What if the loan is misappropriated by the agent?

Return it to the company.