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An Employee Pocketing Company Money Is a Crime, Not a 'Loan' · Yalla China

🤝 Governing law: 刑法(职务侵占罪)/ Criminal Law (Crime of Duty Embezzlement)

Is an employee 'borrowing' company funds meaning to return them still a crime?

Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
The situation: A company accountant transfers sums from the corporate account to his own 'temporarily' to speculate, intending to return them, but losses stop him from repaying and the matter surfaces.

Applicable law: Anyone who exploits their position to unlawfully take company assets commits the 'crime of duty embezzlement.' A large amount carries a possibly severe prison term, and intent to return does not negate the crime — it may only affect leniency.

Outcome: The company reported it to police, the accountant was convicted and ordered to return the money — the 'borrowing' became a criminal record that follows him.

🎓 The lesson / takeaway

Lesson: Company money is not your reserve account. 'I'll put it back' is no defense; the first unauthorized touch can already be a crime.

🕒 Updated: 16 March 2026

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