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【案例】廖某在一家公司担任仓库保管员。因公司拖欠其5个月的工资共计16000元,且多次催要未果,廖某遂将仓库中一些较为热销的产品悄悄拿到市场上销售,从中获取16000元现金,用来抵扣自己应得的工资。不料,最近他却被法院以职务侵占罪判处拘役2个月,缓刑6个月,并处没收财产2万元。他只是用这种方式抵扣属于自己的工资,并没有多要,怎么也会构成犯罪呢?【案析】法院的判决并无不当。《刑法》第271条规定,职务侵
[Case] Liaomou in a company as a storekeeper. Due to the company owed its five-month salary totaling 16,000 yuan, and repeatedly urging failed, Liao Mou will be some of the more hot products in the warehouse quietly get the market sales, from which to obtain 16,000 yuan in cash to offset their own Wages that should be earned. Unexpectedly, he was recently sentenced by the court to embezzle crimes for two months, suspended for six months and confiscated 20,000 yuan worth of property. He just used this method to deduct his own wages, and did not want to, how can it constitute a crime? [Analysis] court’s decision without undue. Article 271 of the Criminal Law provides for the invasion of duty