If the amount of the crime of official embezzlement is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property.
A joint crime is divided into principal and accessory. The penalty shall be determined according to the specific amount of crime, the circumstances of the crime and the consequences of the crime. Among them, the principal offender is sentenced more than the accessory offender.
[Legal Basis]
In Article 26 of the Criminal Law, a principal offender is one who organizes or leads a criminal group to carry out criminal activities or plays a major role in a joint crime.
A relatively fixed criminal organization composed of three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize and lead criminal groups shall be punished according to all the crimes committed by the groups.
A principal offender other than those specified in the third paragraph shall be punished according to all the crimes he has participated in, organized or directed.