links to help buy a car unit, Xuanwei Tin Par Vice President Li Yougang mine for a union with a bank card. The seller requests verification, the password he told each other. Unexpectedly, the card was cloned, 23.7 million in cash on the card is removed. Li Yougang the bank onto the dock.
However, 8 years later, the lawsuit has been ruling the Court of 4 times, still does not draw a conclusion. Recently, the case has caused the Yunnan Provincial Higher People's Court attaches great importance to the case will soon be arraigned.
2001 年 5 24, Xuanwei Tin Par coal mine ready to buy a Honda car from Guangxi, referred the matter to Deputy Xuanwei Tin Par Liyou Gang union to do mine, after about a good price , the other party to verification. Li Yougang went to financial procedures for the loan, the Finance Section staff to a bank branch Tin Par Xuanwei City Office (hereinafter referred to as Sherwin branch) to Li Yougang deposited on behalf of 36 million, and the real name of the form Li Yougang apply for a piece of debit cards, to run after the card to the Li Yougang.
before and Guangxi Li Yougang a business on the phone on a good cold number-crunching. However, testing is required before departure about money,
vetement ralph lauren, Li Yougang debit card is prepared for verification of.
first use of bank cards, Li Yougang not very familiar with, he went to the counter advice, that So, standing in a bank door, the card number and password Liyou Gang told a 26, Li Yougang asked people to check the sums surprised to find that 23.7 million yuan in cash were missing.
Li Yougang alarm, night, police and bank staff to go to a Li Yougang extracted from a debit card at home,
ralph lauren france, the Tin Par recognized business, the card is really Tin Par place of business issued to the Li Yougang . Xuanwei City Public Security Bureau confirmed by the investigation, Li Yougang the deposits at 3:00 on May 25th, 2001 from 26 to 17 pm and was called , respectively, the number of Zhangzhou City in Fujian Province savings and automatic teller machines 23.7 points taken away 8 million yuan.
First Instance finds that: Li Yougang take 60%
real suspect who is? Because the case can not be detected, remains a mystery. Police went to Sherwin is the greatest harvest of Zhangzhou cleared Li Yougang innocence.
Subsequently, Li Yougang the bank to court, to require banks to make up the difference on his debit card.
2001 年 11 months, Xuanwei City Court found Li Yougang password, card number to anyone, is taken away by others which led to the main, Li Yougang primary responsibility, namely, the loss of 60%. Bank paid strict auditing process which bear secondary responsibility, or 40% of economic losses.
first trial served, the banks and Li Yougang pleaded on the judgments, respectively, Qujing City Court.
Final verdict: Li Yougang not bear responsibility for
Li Yougang ground of appeal is that he has been the bank staff told statement false by the significance.
bank claimed that the case is due to the direct losses due to crime, is the direct cause of the leak password and card number, is Li Yougang misconduct lead to criminal acts to succeed, the industry standard card for 5 yuan do not require the production and review of the ID card. Court of First Instance that the bank liable for breach of wrong.
Qujing City Court after hearing that: Li Yougang relationship between banks and the establishment of savings. Li Yougang bear the obligation to take good care of debit cards, bank bears the obligation to secure funds, the bank teller who can not be confirmed evidence that the password is the person, and really stuck in the Li Yougang legitimate hands, Li Yougang reveal the behavior of the card number and password between the amount stolen and not necessarily a direct causal relationship. Provide both for the withdrawal of 5 million or less do not need to produce relevant documents, and for the ATM machine does not recognize the risk of genuine cards, banks should bear the responsibility. Accordingly, in August 2002, Qujing City Court revoked the verdict, ruling the banks to take full responsibility for the loss of funds.
after two tiered, Li Yougang win.
remand: Li Yougang take 40%
case though won, but the delay in discharge decisions because banks pay the obligations, Li Yougang for enforcement.
waiting in Li Yougang hopeful results, but so to Qujing City Court ruled that a piece of paper, said the Committee discussed the case to the trial decision, the case retrial, the retrial period, the termination of the original Enforcement of Judgments .
different is that the court added in Zhangzhou City branch of a bank (hereinafter referred to as the Zhangzhou Branch) for the defendant.
Li Yougang and Sherwin branch stick to their point of view. Zhangzhou Branch said they Xuanwei agency relationship between the branches, and Lee
just no legal relationship between the litigants should not be a common case, nor should, be held jointly and severally responsibility.
2003 年 10 months, Xuanwei City Court again ruled that the relevant provisions under the debit card, debit card transactions with cards and passwords should have the two conditions is not a ######## card transactions legal, Li Yougang reveal the behavior of their card number and password deposits have been falsely claimed causal relationship between the results, the behavior of Li Yougang some fault should be held accountable. Zhangzhou Branch did not handle the procedure, with a greater degree of fault and the fault should bear the main responsibility, as branches and Sherwin Zhangzhou Branch, Department agency, agent behavior consequences borne by the Sherwin branch.
this point, the verdict and the verdict of first instance to a 180-degree turn, 40% of the Li Yougang bear the responsibility, Ho branches bear 60%.
further appeal: the maintenance of first-instance ruling
such as when the first instance verdict, Li Yougang and Sherwin branch refused to accept judgments, respectively, in the Court of Appeal to the Qujing.
Liyou Gang insisted that this was infringement complaint, between the infringement and the consequences must have a direct causal relationship, there is no causal relationship,
polo ralph lauren, and that they should not bear the responsibility. Recognized as a branch of the appellee in Zhangzhou, the bank side beneath the responsibility of investigation.
2004 年 6 1st, Qujing City Court verdict: After much argument, the Court of First Instance finds that the facts are clear, the applicable law is correct, then dismissed the appeal and upheld the original verdict.
lawyers say:
by scammers is the bank not the customer
Li Yougang almost fainted, had won the lawsuit, the recurrence of such a large ups and downs. The other case to the end of a quiet life, this is bound to be calm and not go.
he refuses to accept, has been struggling to appeal. Later, he found the Executive Director of the Antarctic Lu Xiang law firm lawyers. Lu lawyer checked all the files after that, Li Yougang very special case, there may be errors in the trial verdict.
Lu lawyers wrote to the High Court for several pages of the complaint form. He considered the case as cards were cloned, is a high-tech crime, for the verification, Li Yougang card number and password to tell the other behavior is not the direct cause of lead stolen money. For safety reasons, savers put money in the bank, then, for the ownership and use of funds to temporarily transfer to the bank, the bank can use its various financial activities. Thus, between banks and depositors is not a simple relationship between the escrow deposits, but until the depositor the money taken out, the ownership and use of funds belonging to depositors title only once.
from the Li Yougang bank should not bear the loss, banks are obliged to belong to Li Yougang the money back to him.
Lu lawyers said the High Court has ruled that the case will be brought to trial.
Depositor sued the bank deposit was stolen 4 times
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