Morning News (Reporter Yan Fei) Mr. Zhang while playing in Lijiang, Yunnan, China CITIC Bank debit card holders to the other bank's ATM machine to withdraw funds. Unexpectedly, his bank card information was hit by criminals on the installed devices on ATM machines to steal, leading to the card 3 million dollars stolen. In order to recover principal and interest and loss, Mr. Zhang Fuhua Building CITIC Bank Beijing Branch to court. Reporters learned yesterday, the Beijing Second Intermediate People's Court on the original sentence was commuted, the defendant deposit the principal branch need to compensate 30,000 yuan Zhang, and compensation for consequential loss of interest.
Zhang Fuhua Building Branch in 2007 organized a savings card. June 2009, he went to Lijiang play, twice in the ATM machine withdrawals. So again, get money, they found the money stolen card 3 million yuan. Zhang immediately to Lijiang, the local public security organs. Police later identified, Hwang and others on June 5, 2009 at a local bank ATM machine installed on the camera and card reader, including Mr. Zhang stolen bank card information, including depositors, and then forged bank cards.
order to recover the principal and the bank card losses, Mr. Zhang Fuhua Building Branch will be successfully sued, ask for their deposit payment of principal and interest over 31 thousand yuan, and for damages. Trial, the respondent bank, said Mr. Zhang's money even if financial card theft, it can not prove that branches are not doing their security obligations. Mr. Zhang in the Agricultural Bank, Construction Bank withdrawals were stolen information, the line should be responsible for withdrawals. Mr. Zhang withdrawals are not doing their duty, did not take good care of the card, resulting in financial card information being stolen. Banks should not assume this responsibility.
Court of First Instance that, because of violation of the rights of Mr. Zhang's primary system to steal money from criminals, criminals have been brought to justice, Mr. Zhang should recover to the criminals. Through no fault of the defendant bank, shall not be liable, it dismissed the plaintiff's claim. As Hwang and others have stolen money squandered, Mr. Zhang did not receive any compensation for his end to the Second City Court filed an appeal.
views of Mr. Zhang's appeal, the bank can not pass on their responsibilities criminals, their bank cards issued for their authenticity can not be identified, for a counterfeit card loans, indicating that there is no CITIC Bank safe and effective use of technology. Criminals in one day even take 10 times, each time is 2012 yuan, the bank did not prompt depositors to perform hazardous duty.
Second City Court after hearing that the conditions of commercial banks, have the opportunity, have the ability and obligation to prevent criminal use of self-service banking and ATM machines crime, to ensure that depositors of the safety of deposits, maintaining the lawful rights and interests of depositors . Mr. Zhang as an ordinary debit card holders, self-service bank for the ATM machine does not have the expertise. Mr. Zhang's debit card and the password is not lost, nor entrust others to use the case of Mr. Zhang debit card information and passwords to be stolen without fault, should not bear the responsibility. The defendant failed to fulfill the crime branch of the means and obligation to protect the safety of trading venues, the criminals use the stolen device to succeed the main code, which should be held accountable. The defendant bears branches and ensure the workplace safety, to prevent the occurrence of crime, criminal means to promptly notify depositors and safeguard the legitimate rights and interests of depositors obligations, obligations of the defendant related branch entirely, leading to Mr. Zhang debit card shortage of funds, should be debit card to pay compensation to Mr,Monster Beats. Zhang shortage of savings in principal and interest on the corresponding loss of responsibility.
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