The lawyer's answer:
If a state functionary takes advantage of his position to seek benefits for the trustee in the name of entrusting the trustee to invest in securities, futures or other entrusted wealth management, and obtains "income" without actually making capital contribution, or the "income" obtained is obviously higher than the income due to capital contribution, it shall be punished as bribery. The amount of bribes, in the former case, is calculated by the amount of "income"; In the latter case, it should be calculated according to the difference between the amount of "income" and the amount of capital contribution.
Legal basis:
Article 385 of the Criminal Law of People's Republic of China (PRC)? The crime of accepting bribes refers to the act of state functionaries taking advantage of their positions to ask for other people's property, or illegally accepting other people's property to seek benefits for others.
State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as bribery.
Article 386? Provisions on Punishment of Bribery Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes. Whoever asks for a bribe will be punished more severely.
The above is the analysis of the court's answers to related questions. If you still have questions, you can consult the criminal lawyer of the court to solve the criminal problem online for you.