The elements that constitute the crime of illegal use of funds are: 1. The subject is a public fund management institution, as well as an insurance company, insurance asset management company, and securities investment fund management company; 2. It must be intentional subjectively; 3. The object is the property ownership of others

; 4. The objective aspect is the behavior of public fund management institutions, as well as insurance companies, insurance asset management companies, and securities investment fund management companies, using funds in violation of national regulations.

Legal basis: Article 185-1 of the Criminal Law: Commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions violate their fiduciary obligations and use client funds or other entrustments without authorization

, trust property, if the circumstances are serious, the unit shall be fined, and the person directly 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 particularly serious, the offender 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.

If social security fund management agencies, housing provident fund management agencies and other public fund management agencies, as well as insurance companies, insurance asset management companies, and securities investment fund management companies use funds in violation of state regulations, the persons in charge and other directly responsible persons who are directly responsible for them shall

, punished in accordance with the provisions of the preceding paragraph.