On March 18, China Industrial and Commercial Bank Nanning Branch replied to China Bank Insurance, claiming that the victim suffered financial losses due to illegal high interest rates, and Liang was a personal criminal act; ICBC will handle this matter according to law to protect the legitimate rights and interests of customers.
? Nanning Branch of ICBC said that the loss of 250 million deposits was a personal crime, and the injured depositor: I disagree!
From September, 20 18 to May, 20 19, the former president of China Industrial and Commercial Bank (ICBC), Liang Mou, found customers with idle funds through Mo Mou and others to handle large deposit business, and promised to pay Mo Mou and others a high deposit income of about 4.5% every month in addition to the normal bank interest for large deposits.
When the deposit certificate was sealed, Liang and others exchanged the forged large deposit certificate for the real deposit certificate in advance. After the forged deposit certificate was sealed, Liang asked the victim to hand over the original ID card to Shimou on the grounds of verifying the identity of the customer.
So Shimou took the original ID card of the customer, and the victim's real deposit slip went to the bank counter. Using the password mastered in advance, the money in the victim's deposit slip is taken out by waiting for the customer to withdraw money, and transferred to the account controlled by Liang and Shimou. In this case, 28 people were defrauded of a large deposit of 253 million yuan.
202 1, 1 1, Nanning Intermediate People's Court sentenced Liang and his associates to life imprisonment for theft and fraud, and fined them 3.2 million yuan. Other accomplices were sentenced to 7- 15 years.
? After the incident, about 654.38+0.2 billion yuan has not been returned. The court said that although Liang had the status of a bank executive, he also knew that he could not take advantage of his position to directly extract the victim's deposit certificate from the bank account by false means, so he completed the illegal possession of the victim's deposit certificate by making false deposit certificates instead of the depositor's real deposit certificate. His behavior does not conform to the criminal characteristics of the crime of duty embezzlement.
On the evening of March 18, Zhai, a lawyer of Beijing Yingke (Shenzhen) Law Firm, told reporters that according to the first-instance judgment of Nanning Intermediate People's Court, the case involved not only criminal offences such as stealing bank executives, but also civil disputes between the victim Liang and the bank. There is a common legal situation here: how to deal with the cross-legal problems between criminal and civil affairs? An illegal act may violate both civil law and criminal law, which is called the intersection of punishment and people. Civil law is the most basic. If the act does not violate the civil law, it will not bear civil responsibility, let alone criminal responsibility. On the contrary, even if you don't bear criminal responsibility, it doesn't necessarily mean that you don't bear civil responsibility. On the surface of this case, it seems that the bank executives personally committed criminal acts and transferred the victim's money. Of course, Liang lost money. But there is a key plot here. The victim's money was deposited in the bank, which issued a deposit certificate. At this time, the contract between the two parties is established and the bank should bear the responsibility.
Banks have always been regarded as the safest place to manage money and the best choice for ordinary people. However, what makes bank deposits no longer safe? Such incidents occur frequently. Where is the supervisory responsibility of banks?