N.C.P.I.—Crim. 218.20

The defendant has been charged with willfully [embezzling]

[abstracting] [misapplying] the [moneys] [funds] [credits] of a

corporation with intent to defraud any person.

For you to find the defendant guilty of this offense, the State must

prove four things beyond a reasonable doubt:

First, that (name corporation) was a corporation.

Second, that the defendant was the [president] [director] [cashier]

[teller] [clerk] [agent] of that corporation.

Third, that the defendant while acting in that capacity

a. [rightfully received [money] [funds] [credits] of the corporation

and fraudulently and dishonestly used such [moneys] [funds] [credits] for

some purpose other than that for which he received it.]

b. [took and withdrew corporation [money] [funds] [credits] from

the possession and control of the corporation without the knowledge and

consent of an authorized officer.]

c. [willfully converted [money] [funds] [credits] of the corporation

to his or another's use, benefit, or gain.]

And Fourth, that in doing so, defendant intended to [injure] (or)

[defraud] (or) [deceive] any [person] [corporation].1

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, (name corporation) was a corporation, and that

the defendant, while acting as [president] [director] [cashier] [teller]

[clerk] [agent] of the corporation

a. [rightfully received [money] [funds] [credits] of the corporation

and fraudulently and dishonestly used such [money] [funds] [credits] for

some purpose other than that for which he received it];

b. [took and withdrew corporation [money] [funds] [credits] from

the possession and control of the corporation without the knowledge and

consent of an authorized officer];

c. [willfully converted [money] [funds] [credits] of the corporation

to his or another's use, benefit, or gain];

and that the defendant thereby intended to [injure] (or) [defraud] (or)

[deceive] any [person] [corporation], it would be your duty to return a

verdict of guilty. If you do not so find, or have a reasonable doubt as to

one or more of these things, it would be your duty to return a verdict of

not guilty.2