Legal analysis: if it is state-owned, it constitutes the crime of misappropriation of public funds; If it is not state-owned, it constitutes the crime of misappropriating funds. When sentencing, mitigating circumstances such as criminal motive, subjective malignancy, social harmfulness, recidivism, surrender and meritorious service will be comprehensively considered, and determined according to factors such as the guilty attitude of the parties.

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

Article 185 Staff members of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions who take advantage of their positions to misappropriate the funds of their own units or clients shall be convicted and punished in accordance with the provisions of Article 272 of this Law. Staff members of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions, and personnel assigned by state-owned commercial banks, stock exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions to engage in public service in non-state-owned institutions specified in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Article 185-1 Where a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution violates its fiduciary duty and uses clients' funds or other entrusted or entrusted property without authorization, if the circumstances are serious, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 30,000 yuan but not more than 300,000 yuan; If the circumstances are especially serious, 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 not less than 50,000 yuan but not more than 500,000 yuan. Social security fund management institutions, housing provident fund management institutions and other public fund management institutions, as well as insurance companies, insurance asset management companies and securities investment fund management companies, use funds in violation of state regulations, and the directly responsible personnel in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 384 Any state functionary who, taking advantage of his position, misappropriates public funds for personal use to engage in illegal activities, or misappropriates a large amount of public funds for profit-making activities, or misappropriates a large amount of public funds for more than three months without paying them back, is guilty of corruption and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.