Can using the convenience of the company to promote your own things constitute the crime of job embezzlement?
Selling your own things is not encroaching on the company's property ownership, and the specific situation is analyzed. The object of this crime is the property ownership of companies, enterprises or other units. This crime is objectively manifested as taking advantage of his position to occupy the property of his unit. Subjectively, this crime is direct and intentional, with the purpose of illegally possessing the property of companies, enterprises or other units. Employees selling their own things can't be regarded as encroaching on the company's property ownership, which has little to do with the crime of duty embezzlement. It just means that the method adopted by this employee when talking about business does not conform to the company's regulations. Article 271 of the Criminal Law Any employee of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, 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; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. Crime of Corruption Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel engaged in public service in non-state-owned companies, enterprises or other units appointed by state-owned companies, enterprises or other state-owned units who commit the acts mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.