返回列表 回复 发帖

Bank failed apt nail the reason artificial passboo

Suqian public Bin of $ 50,000 in cash in the bank, then remove the portion, tin be base even when the work withdrawals, list 13,950 yuan really missing, one inquiry was taking a bank in Hunan to go. Angry that the bank failed to fulfill his duties, does not recognize the counterfeit book, that led to their deposits, Court of First Instance of the requisition to advocate Wang Bin, a unattached sentence bank according to the immediately lost. But the banks appealed his conviction appeal. March 24, Suqian City Court listening ashore the case of second example, that Bin password unfit care of their own books, should bear secondary responsibility; bank too failed to certify that the vocational review done to all obligations, should bear the basic liability Therefore, either taken away by others for 13,950 yuan wastage duty to  
deposits strange theft

13950 元 banks in the provinces was actually removed

This incident occurred in November 2008, Wang Bin Suqian folk in the regional open a bank account deposit 5 million in cash, this deposit can prop books and debit card deposit and withdrawal in the nation, to be sure, Bin set a password to the account. After two days, Wang Bin has removed part of the money from the bank. End of the month, when Wang Bin went to the bank to extract the remaining 14,000 yuan when the impact to find that account only 50 yuan, 13,950 yuan has disappeared.  
Bin fear quickly, and detect their own cash bank reconciliation procedures, requiring banks lost the money paid. But the banks refused apt provide restriction procedures, demanding that the money in a shire in Hunan, the day before by others with a bank passbook withdrawal. The curious object namely, Bin did not even been to Hunan, and bank cards and writings have been installed in the body, is no lost.  
this case, Wang Bin, that banks from ATM without checking identification cards, forged bank passbook not be identified, leading to their deposits extracted by others, there is a serious dereliction of obligation, should be repaid by the suffered losses. Repeated performances, the bank refused compensation, Wang Bin had to bank to tribunal.  
the face of litigation, the banks debated that grievances, Wang Bin, the money lost cause for he dripped the password, and password banks do not understand, according to the regulations, only the early withdrawal of period deposits, alternatively deposit withdrawals on $ 50,000, merely absence to check the customer ID, and the case was cleared is 10,000 yuan of demand deposits, so no need to check client identification, it should not be liable because breaks.  
Court of First Instance surveyed, Wang Bin and banks in the approval the two sides did agree: Bin should reserve account password, disclosure of the password for the losses caused by themselves. Wang Bin, the cash in the bank, the parties that the contractual relationship created savings, passbook, bank cards for both the compact documents. Responsibility to ensure safety of bank deposits, and depositors obligation of confidentiality at the same time nail fake books, bank cards, etc., but also the obligation of banks.  
Court that the present case, the bank claimed Bin absence of good attach to your password, but did not provide evidence. Even so, even if Bin reveal the password, whether the disloyal books, bank cards can not be identified by the bank, Wang Bin, or can not take away the deposits. As the banks failed to identify the fake books, the loss of Bin should bear full responsibility. Earlier this year, Bank of compensation for court Bin 13,950 yuan.  
Court upheld

depositors did not keep a nice password to bear 4 percent responsibility

Bank against first-instance ruling on March 2 this annual to the Court of Appeal in Suqian , there are three main reasons: First, according to regulations, depositors set the password, only I know, the bank will not know the password, which concluded that this case can only reveal the password Bin himself. The second is the premier instance of fares, and Wang Bin, the formation of fashionable contractual relationship. Third, a decision-oriented, such for by the first instance ruling, depositors do not bear responsibility for disclosure of the password, are likely to cause financial fraud and additional crimes against banks.  
3 24, Suqian City Court upheld the trial. The court found that the deposit is being forged in a bank passbook in Hunan removed, and withdrawals for a password and set alongside the same Bin, Wang Bin, but did not divulge the password can not be certified.  
court held that the savings affair in the deposit and withdrawal, members of the public accounts to save money the bank is Bank; Bank branches around the commission may withdraw money or other creations, correspondent banks are Bank The latter agent business once the problems, the Bank take responsibility for the case of Hunan, a bank agency business is not liable for damages. Moreover, Wang Bin, the Bank can not prove that the professional review done all obligations, should bear the loss of Wang Bin, rift of contract.  
As Wang Bin fault should bear the responsibility, the second trial that the deposit password only I know thateven the Bank operational staff, can not be transferred through the computer to elect up his password, so the password Bin bears the obligation to keep, it is because he is not cautious, so that the password is only known to others. Bin breach of the confidentiality agreement savings contract, the deposit was impersonator has a fault, it should be held accountable.  
second instance that the present case, the resulting deposit was impersonator Wang Bin, there are two reasons, First, the bank failed to Kejin review obligations, identify fake book, the second is not Bin custody of the password Yan, causing the leak. The size of the division of responsibilities, financial institutions, as the administrator of asset, responsibility to ensure the safety of depositors' funds obligations, shortcoming to properly fulfill its obligations caused the loss of depositors, should bear the primary responsibility; Bin improper storeroom of passwords, should bear secondary responsibility. Day, both sides accustomed the court of second instance shall the obligation of compensation for 60% of the bank, Wang Bin own 40%. Concerned that the Bank can talk with the agency to carry out revitalization.  
(Paper party is not his real label)
(edit: SN003)
返回列表