Judgment of second instance. Figure | Provided by respondents
Mr. Wang said that he was very dissatisfied with the result and would lodge a complaint.
The judgment shows that in view of the dispute over whether Ms. Ding has fulfilled her duty of care for her property and whether she should bear the fault liability, the Intermediate People's Court of Taiyuan City, Shanxi Province held that under normal circumstances, depositors should know the assets in their personal accounts before handling personal savings business, otherwise they cannot handle subsequent personal savings business. Ms. Dante has given her ID card to others for a long time, failed to take any preventive measures against possible illegal infringement, failed to fulfill her basic duty of care for the safe custody of her property, and should bear the main fault responsibility for her property losses. There is nothing wrong with her taking 80% responsibility for deposit loss in the first instance.
Judgment of second instance. Figure | Provided by respondents
In view of the dispute over whether Qingxu Rural Commercial Bank has fulfilled its due diligence obligation on depositors' deposits and whether it should bear fault liability, Taiyuan Intermediate People's Court of Shanxi Province held that Qingxu Rural Commercial Bank failed to fulfill its due diligence obligation on the same day or the next day to ensure the safety of depositors' funds, so it should bear certain fault liability for the deposit losses involved in Ms. Ding's case. There is nothing wrong with the original judgment that Qingxu Rural Commercial Bank bears 20% responsibility.
1 scam: if you complete 20 million tasks, you are qualified to be the president.
Ms. Ding and her husband have been doing business in Qingxu County all their lives, trying various industries and saving a lot of money.
Because Qingxu Rural Commercial Bank is a relatively large bank in the county, with many outlets and convenient deposit and withdrawal, Ms. Ding put her money in this bank.
Wang, 1989, was an employee of Qingxu Rural Commercial Bank at the time of the crime. According to Mr. Wang, Wang has worked in the bank for many years and is a bank manager. In addition, Wang is also a distant relative of theirs. On weekdays, they have little contact with the king. They only meet when they visit relatives during the holidays. His impression of Wang is "quiet".
Ms. Ding said that at the beginning of 20 17, Wang found her home and hoped that they could help her complete the financial management task. Because I have cooperated with Wang to complete the bank's cash withdrawal and financial management tasks before. Although different from before, this time she invested in wealth management in the name of Wang, but Ms. Ding, who trusted Wang, promised to help.
In his confession, Wang also claimed that he defrauded Ms. Ding's money under the pretext of completing the bank's financial management task.
On 20 17, Ms. Ding transferred 4 million yuan and 1 10,000 yuan to Wang respectively. Ms. Ding's husband asked for vouchers to buy wealth management products, but Wang shirked that he would keep them first and give them together when they expired.
After the promised one-year financial management expired, Ms. Ding repeatedly asked about the progress of financial management, all of which were evaded by Wang on the grounds that "it will expire at the end of the year" and "the financial management of employees in the unit must be approved by the unit leader before it can be taken out". It was not until 2065438+March 2009 that Wang Cai said that the 5 million yuan of wealth management had been taken out. Mr. Wang said that at that time, Wang said that "interest plus interest is 5.43 million."
But Wang went on to say that now the bank has a policy, and if it can complete the deposit task of 20 million yuan, it is qualified to be the president. It asked Ms. Ding and his wife to help complete the deposit task and directly transfer 5 million yuan with interest.
Ms. Ding's husband thought this was a good thing, and promised him that he planned to turn the 2 million current account at hand into regular support for him. What they don't know is that Wang didn't use the original 5 million yuan for financial management, and even the 5.43 million yuan with interest was nonsense.
2065438+On March 7, 2009, Ms. Ding and Wang came to a business office of Qingxu Rural Commercial Bank to handle the transfer of 5.43 million yuan and 2 million new businesses that Ms. Ding thought.
In his confession, Wang once said that after talking with Ms. Ding about raising deposits, he quickly returned to the unit and made two fake receipts of Qingxu Rural Commercial Bank on his computer, which were printed together with the deposit slip taken from the unit hall.
He was asked to wait outside the counter when he accompanied Ms. Ding on business. He used the convenience of the staff to enter the counter and asked the teller to transfer Ms. Ding's 2 million directly to his account. After the business was done, he gave Ms. Ding two fake receipts forged in his pocket.
Ms. Ding confessed that what she told the teller when handling the business was to deposit her 2 million current account on the card for one year.
Mr. Wang said that his mother had no doubt about the deal. As far as she knows, 5.43 million yuan and 2 million yuan were transferred to her account for one year.
The fake receipt received by Ms. Ding. Figure | Provided by respondents
2. Report: Reverse loans owe huge debts.
It's almost a month. Ms. Ding still has two time deposits due, and she will continue to deposit them.
2065438+On April 3, 2009, Ms. Ding transferred out RMB 3 million which was due first. The next day, the due 2 million yuan continued to be transferred to the term.
After handling the relevant matters, Wang offered to help Ms. Ding get the gift of time deposit, and took away two certificates of deposit and her ID card.
Wang once confessed that because she had helped Ms. Ding to receive gifts many times before, Ms. Ding gave him the deposit slip and ID card. Then, he took the deposit slip and ID card and transferred money as Ms. Ding's agent.
Documentary evidence shows that Wang transferred both money to his father's account and then to others. Wang's father also confessed that his bank card was used by Wang in April, and there were many large transaction records in that month.
Mr. Wang recalled that after Wang took the deposit slip and ID card, they asked for it many times. Wang refused on the grounds that "the deposit slip and ID card were in the unit safe, and the person in charge of the safe was sick and asked for leave".
After repeatedly asking for nothing, they became suspicious and banned Wang. Wang returned his ID card, but he still didn't give the deposit slip.
In June of that year, Ms. Ding took her ID card to the bank to check the deposit situation, and unexpectedly found that120,000 yuan was missing.
One of the outlets of Qingxu Rural Commercial Bank. Figure | Nine School News Text Map
After noticing that things were not good, Ms. Ding's family immediately negotiated with the bank, and the bank promised to see the situation.
That evening, the relevant leaders of the bank came to Ms. Ding's house and said that the money was really gone and Wang had transferred the money. "They said that such a big thing could not be done by Wang alone and asked us to continue the investigation."
Later, Mr. Wang went to the bank to communicate the progress, and only got a general reply of "under investigation". In desperation, Mr. Wang chose to call the police.
On September 19, Wang was detained on suspicion of fraud. With the intervention of the police, more truth about this matter was revealed little by little. For example, they know that the receipts of 5.43 million yuan and 2 million yuan are fake. For example, in April this year, Mr. Wang saw the personal business vouchers of two merchants. One of the 3 million vouchers did not even fill in the account number, and the bank also asked Wang to transfer money.
Personal business vouchers show that Ms. Ding's money was transferred to Wang's father's account. Figure | Provided by respondents
In his confession, Wang also talked about why he secretly transferred Ms. Ding's money. He claimed that he owed huge debts due to reverse borrowing, and the money transferred by Ms. Ding was used by him for turnover and interest repayment.
Wang was prosecuted for alleged fraud, and both the first and second trials were sentenced to life imprisonment.
For Wang, his affairs have come to an end, but for Ms. Ding's family, their road to safeguarding rights has just begun.
3 First instance: the depositor bears 80% responsibility.
202 1, 1 1, nine journalists came to qingxu county, Shanxi province.
The traffic in the county town is busy, and the horns of shops soliciting business and the greetings of vendors are endless. The aunt watching the shop chats with others while brushing the video. She said that a strange thing happened a few days ago: a person in the county deposited more than 10 million in the bank and was transferred away by the bank staff. The aunt who sells Sugar-Coated Berry heard another version: a person was robbed at the bank gate/kloc-more than 0/0000000.
Street view of the county. Figure | Nine School News Text Map
Different from this excitement, there is a slightly old two-story building on the edge of the county seat, with the red door closed and nobody walks for a long time.
This is the home of Mr. Wang's parents. Mr. Wang said that parents have been reluctant to go out since they found out that the money was transferred by the bank staff.
"My parents are in business. In my impression, my mother has always been warm and cheerful, but after this incident, she seems to be a different person. " In the past, he might send a message to his family in two or three days to ask about the situation at home. Now, he rushes from Taiyuan to the county town every morning to take care of the two old people and accompany them to relieve boredom.
It says that this money is the savings that my parents have saved all their lives in business. Originally, it was planned to provide for the elderly, but the planning has not yet started and the money is gone.
Ms. Ding was angry with high blood pressure, which reached more than 200 at the highest time, and also caused some complications. She has been hospitalized several times, and now she takes antihypertensive drugs all the year round.
Mr. Wang repeatedly refused to contact his parents. "My mother didn't know how many times she cried for it. We dare not mention it in front of her at all. When I mention it, my blood pressure rises, sometimes I feel lost and sometimes I feel furious, and my mood is particularly ups and downs. My father is also angry and even more angry. "
Mr. Wang believes that their money should be the responsibility of Qingxu Rural Commercial Bank, because the custody contract between them and the bank has come into effect. The lawyer also believes that all the losses of Mr. Wang's family should be borne by the bank, and the losses of the bank should be borne by Wang.
Previously, Mr. Wang had reported the problem to the relevant departments, hoping to get help, and it is best to solve this matter.
A document provided by it shows that in February, 2020, a document signed by Shanxi Supervision Bureau of Bank of China Insurance Regulatory Commission replied: Our bureau will require rural commercial banks to review their internal control system and business management, further strengthen employee behavior management, and improve the level of financial services.
Reply to comments. Figure | Provided by respondents
Mr. Wang is dissatisfied with this reply and feels that he has not solved his own demands. For various reasons, Ms. Ding first sued Qingxu Rural Commercial Bank for 5 million yuan for the last two businesses, demanding payment of the principal and related interest.
Since the lawsuit, Ms. Ding's mood has plummeted. "She is very worried and feels that the other party is very powerful and may not win."
In April 2020, Ms. Ding sued Qingxu Rural Commercial Bank. The judgment shows that the evidence and proof submitted by Qingxu Rural Commercial Bank include: Wang is the account manager of the personal finance department of the bank, and he failed to perform his professional behavior when handling the case; Conversation record, the former teller of the bank, proved that the staff did not know Wang's employee identity when handling the deposit withdrawal business involved; Wang's notice of criminal detention proves that Wang is a natural person who committed the crime, and the damages claimed by the plaintiff in this case should be borne by Wang.
Ms. Ding conducted cross-examination one by one.
In September, the first instance made a judgment, and the Qingxu County Court of Shanxi Province found that Ms. Ding was responsible for 80% and Qingxu Rural Commercial Bank was responsible for 20%.
The court of Qingxu County held that Ms. Ding, as a depositor, should pay attention to the safety of funds. Ms. Ding gave her deposit slip and ID card to Wang. Although she said in court that Wang would accept a large amount of gift money on her behalf, Wang admitted in the confession of the criminal trial that Ms. Ding gave her the deposit slip and ID card to accept the gift money, but she did not provide relevant evidence to confirm it. Ms. Ding also did not indicate on the deposit slip that only Wang was allowed to accept the gift money. As an adult, Ms. Ding should have foreseen the risk that the deposit certificate and ID card might be withdrawn by others, but let the risk happen. Therefore, Ms. Ding has a major fault in the losses caused by this deposit and should bear corresponding responsibilities.
Judgment of first instance. Figure | Provided by respondents
On the other hand, the court held that Qingxu Rural Commercial Bank, as a professional financial institution, has the obligation to ensure the safety of depositors' deposits. Those who fail to perform relevant obligations shall bear corresponding responsibilities.
4 lost: will continue to complain.
"It's totally unacceptable." Mr. Wang admitted that he was very disappointed with the result and appealed.
At the same time, the news spread that "654.38+02 million deposits were transferred by bank staff privately, and depositors were sentenced to bear 80% responsibility", which triggered a hot discussion on how depositors and banks should divide their responsibilities.
Lawyer Deng of Beijing Yingke Law Firm believes that this judgment is debatable. "When handling such a large amount of cash withdrawal business, banks should fulfill their prudent and full review obligations, especially in the case that non-depositors personally handle it and the deposit certificate itself does not have a password, and the bank's security review of fund withdrawal should be more stringent."
It said that the court's decision not only aims to solve Ms. Ding's case dispute, but also has an impact on the sense of security and happiness of the whole people. As a financial institution, banks should have the ability and responsibility to protect depositors' property to the greatest extent, so that depositors can have the greatest trust in banks, thus promoting the prosperity and development of the financial industry.
In the field visit of Jiupai News, it is found that Qingxu Rural Commercial Bank has more outlets in Qingxu County than other banks. In random conversations with people in the county seat, many people think that Qingxu Rural Commercial Bank is "a relatively large bank in the county seat" and "has a good reputation".
In Mr. Wang's impression, although both parents have done a good job and the family is relatively well-off, they have always been frugal. "They are not willing to spend money on themselves at ordinary times, and the cartons will be sold, and they have to shop around to buy food."
He never imagined that his parents had worked hard all their lives, but they encountered such a situation when they were old. He was angry and laughing. "My parents have never been cheated in doing business all their lives. The money was actually cheated in the bank."
Now the verdict is pronounced in the second instance, but the result is that Mr. Wang's family is very disappointed. He said that he would lodge a complaint.
Article source: Jiupai News