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2018

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10

Song Zhe was sentenced to six years, why is Ma Rong innocent?

On October 18, 2018, the case of Song Zhe and Xiu Yule occupying their positions was pronounced in the first instance of the Chaoyang District People's Court in Beijing. The defendants Song Zhe and Xiu Yule were sentenced to six years and three years in prison respectively for committing the crime of embezzlement.


On October 18, 2018, the case of Song Zhe and Xiu Yule occupying their positions was pronounced in the first instance of the Chaoyang District People's Court in Beijing. The defendants Song Zhe and Xiu Yule were sentenced to six years and three years in prison respectively for committing the crime of embezzlement.

The first instance court found that during his tenure at Wang Baoqiang (Shanghai) Film and Television Culture Studio from 2014 to 2016, the defendant Song Zhe used his position as general manager and Wang Baoqiang's agent to embezzle a total of RMB 2.325 million from Wang Baoqiang's performance and advertising endorsements, either alone or in collaboration with the defendant Xiu Yule, by falsely reporting performance and advertising endorsements. Among them, Xiuyule participated in the embezzlement of 1.675 million yuan.

The court believes that the defendant Song Zhe, as a company employee, took advantage of his position to embezzle the property of the unit; The defendant Xiu Yule formed a consensus with Song Zhe during his criminal process, providing him with assistance, and constituted Song Zhe's accomplice. Both of them constitute the crime of embezzlement, and the amount of the crime is huge, and both should be punished according to law. Given that Song Zhe pleaded guilty and voluntarily refunded and compensated all the stolen money, in order to recover the economic losses of the injured unit, he was given a lenient punishment in accordance with the law; Xiu Yule is an accomplice and voluntarily refunds and compensates for all the stolen money. He will be given a mitigated punishment in accordance with the law. The 2325000 yuan seized in the case will be returned to Wang Baoqiang Studio in accordance with the law after the judgment takes effect.

A year ago, my lawyer issued a letter predicting that Song Zhe would be sentenced to more than 5 years in prison. Due to his performance in refunding compensation and pleading guilty, he was sentenced to 6 years, which is completely within the pre judgment. At this point, many melon eating people couldn't help but ask, Song Zhe was sentenced to six years in prison, why was Ma Rong unharmed? Is it too cheap for her. Below, please listen to the professional interpretation of this case by professional criminal defense lawyers.

Let's first understand this charge. According to Article 271 of the Criminal Law of the People's Republic of China, the crime of embezzlement by taking advantage of one's position refers to the act of a company, enterprise, or other unit's personnel illegally taking possession of their own property, with a relatively large amount.

Firstly, from a subjective perspective, Ma Rong does not meet the qualifications for job encroachment. As Wang Baoqiang's wife, Ma Rong is not a staff member of Wang Baoqiang (Shanghai) Film and Television Culture Studio.

Secondly, to take a step back, even if Ma Rong meets the qualifications for the subject of occupation, as she is the wife of Wang Baoqiang, if there are no other special circumstances, such as Wang Baoqiang having a large amount of assets before marriage, according to the provisions of China's Marriage Law, she also owns half of the wealth created by Wang Baoqiang during the marriage period. So as long as the amount involved in the case does not exceed half of their joint property, the circumstances in which she participated in the case, no matter how bad or how morally corrupt, do not constitute a crime. It can be certain that Wang Baoqiang's assets will definitely exceed twice the amount involved in the case, which is RMB 4.65 million. In fact, from a legal perspective, we can simply understand it as: I have 50% ownership of the property, and even if I take 50% of the property, I only take the part that I own. The law cannot convict me. But Song Zhe is different. He fully meets the subjective and objective requirements of the crime of embezzlement, and the court's first instance judgment is legal, compliant, and reasonable.