Home » Five million deposits were transferred away by bank employees privately, why the court only sentenced the bank to 20% responsibility-Finance News

Five million deposits were transferred away by bank employees privately, why the court only sentenced the bank to 20% responsibility-Finance News

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Original title: Five million deposits were transferred privately by bank employees, why the court only sentenced the bank to 20% responsibility

According to news from Beijing Toutiao client on November 6th, Shanxi depositor Ms. Ding handed both the 5 million yuan deposit receipt and ID card to a bank employee to collect the gift, but the other party transferred the money privately. The bank employee was later convicted of fraud. Ms. Ding took the bank to court for compensation. Recently, the People’s Court of Qingxu County, Shanxi Province made a first-instance judgment in this case, and determined that depositors should bear 80% of the liability, and the bank would only bear 20% of the liability. Ms. Ding and her family expressed dissatisfaction with the result and appealed to the Taiyuan Intermediate People’s Court. It is understood that in addition to the 5 million yuan, Ms. Ding has more than 7 million yuan in deposits also transferred by the same bank employee, and she will later choose the opportunity to sue in another case.

Help relatives complete the bank task before and after transferring 12 million yuan

According to previous media reports, Ms. Ding from Qingxu County, Shanxi, did business with her husband in her early years and gradually gained some savings. At the beginning of 2017, Wang Moumou, an employee of Qingxu Rural Commercial Bank, approached Ms. Ding and said that the unit had financial management tasks and asked her to help. Because Wang Moumou was the son-in-law of relatives, Ms. Ding successively transferred 5 million yuan to Wang Moumou for financial management. After the financial management expired, the principal and income totaled 5.43 million yuan.

On March 7, 2019, in order to help Wang XX complete the task, Ms. Ding agreed to transfer the money to a fixed term, and transferred another 2 million yuan in demand. On the same day, Wang and Ms. Ding handled these two transactions in the business department of Qingxu Rural Commercial Bank. Ms. Ding received two bank deposit receipts.

On the morning of April 3 and 4, 2019, Ms. Ding also handled a fixed deposit of 3 million and a fixed deposit of 2 million at the Qingyuan branch of Qingxu Rural Commercial Bank and the business department of Qingxu Rural Commercial Bank respectively.

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Give the deposit receipt and ID card to the bank employee to receive the gift and found that he was cheated

Subsequently, Wang Moumou told Ms. Ding that large deposit customers can receive gifts with their ID cards and deposit receipts, and asked Ms. Ding to hand over the ID cards and deposit receipts to collect the gifts on her behalf.

A few days later, Ms. Ding didn’t get the gift and didn’t even see the deposit slip, so she asked Wang to ask for the deposit slip, but the other party shied away with various reasons.

Ms. Ding felt something was wrong and told her family about the matter. The family members went to Qingxu Rural Commercial Bank to inquire and found that Wang Moumou transferred fixed deposits of 3 million and 2 million to other accounts on the afternoon of the day when he handled deposits.

Subsequently, Wang Moumou neither explained the whereabouts of the deposit, nor did he avoid seeing Ms. Ding. In desperation, Ms. Ding called the police.

Later, Ms. Ding’s family discovered that not only the 5 million yuan was transferred by Wang Moumou, the previous 2 million current-to-time deposits were also transferred by him at the counter, and the 5.43 million financial principal and interest funds were not deposited in Ms. Ding at all. Account.

Ms. Ding later learned that Wang Moumou was arrested for committing fraud. He used to lend money for profit, and part of the money became a “dead account” that could not be recovered, so he had to dismantle the east wall to make up the west wall and transfer the deposits of the depositors to himself or his family to make up for the huge holes. This is how Ms. Ding’s 12 million yuan was cheated by Wang Moumou, and the two receipts in her hand were also forged.

The photo of the transfer business voucher provided by Ms. Ding’s family to the media showed that although Wang Moumou used Ms. Ding’s ID when transferring money, he filled in the name of the remitter Wang’s father when filling in the personal business voucher. name.

The bank has not fulfilled sufficient management responsibilities, and the court ruled that the bank shall bear 20% of the responsibility

On September 2, 2021, the Qingxu County Court made a first-instance judgment on this case.

The court held that Ms. Ding opened a savings account at Qingxu Rural Commercial Bank and deposited corresponding funds, and determined that a savings deposit contractual relationship was formed between the two parties. As a depositor, you should be obliged to pay attention to the safety of funds. Ms. Ding handed over her deposit slip and ID card to Wang Moumou to receive gifts. Although Ms. Ding and Wang Moumou both agreed to receive gifts, they did not provide relevant information. Evidence was confirmed, and Ms. Ding did not indicate on the deposit receipt that Wang XX was restricted to receiving gifts. As an adult, Ms. Ding should be judged in advance that the deposit receipt and ID card may be withdrawn. However, she allowed the risk to occur. Therefore, Ms. Ding had a major fault in the loss caused by this deposit and should bear the corresponding responsibility.

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On the other hand, Qingxu Rural Commercial Bank, as a professional financial institution, has the responsibility to ensure the safety of depositors’ deposits, and when Wang XX fills in his personal business voucher, the name of the remitter should be filled with Ms. Ding’s name by mistake. For XX’s father “Wang XX Record”, the bank staff did not notify Ms. Ding by phone or text message to withdraw and transfer the money to Wang’s father’s account, and the deposit certificate did not set a password. The bank did not set a password. Withdrawal of deposit certificates should be more cautious. Therefore, Qingxu Rural Commercial Bank did not fulfill sufficient management responsibilities in the case of deposit losses and did not fulfill strict obligations of paying attention to fund safety.

In the end, the Qingxu County People’s Court determined that the depositor Ms. Ding was responsible for 80%, and Qingxu Rural Commercial Bank was responsible for 20%, and sentenced the bank to compensate Ms. Ding 1 million yuan, and the bank has the right to recover from the criminal Wang Moumou.

Depositors appeal against the verdict

For this result, Ms. Ding’s family was very dissatisfied. The family of Ms. Ding pointed out that when Wang Moumou withdrew money, the customer information on the personal business voucher was wrong. The remitter filled in his father, and the phone number on the acceptance form was not consistent with that reserved by Ms. Ding, and the account number was not filled in. In this way, the business with many loopholes was accepted because it was handled by our employees, and the money was transferred away. However, the court considered it to be “misfilled”. Isn’t this the bank’s responsibility?

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Ms. Ding believes that the bank’s failure to maintain the bottom line of defense and failure to fulfill its obligations of review and verification is the direct main reason for the loss of deposits. “Our deposit contract relationship with the bank has come into effect. If the money is taken away, the bank shall bear all the losses.”

Are banks more or less responsible for 20%?The case sparked heated discussion among netizens

A reporter from Beiqing-Beijing Toutiao found that the verdict aroused the attention and comments of many netizens. Netizens who support Ms. Ding’s rights protection believe that this incident is that bank employees used the convenience of bank work to transfer customer deposits privately. There are also many loopholes in the procedures. The bank should bear most of the responsibility, and only 20% is too little. . Depositors value the safety and stability of the bank. Although depositors give their ID cards to others, they are at fault, but they should not be responsible for as much as 80%.

There are also some netizens who believe that they have not seen the full text of the verdict, nor the verdict of Wang’s fraud case, and cannot know all the details of the incident. However, there are some doubts about this matter.

For example, Wang Moumou was originally a relative of Ms. Ding’s family, and the two had previously cooperated in financial management. Wang Moumou himself still lends. Although both Ms. Ding and Wang XX admitted that Ms. Ding’s ID card and deposit receipt were used to receive gifts, the court’s first-instance judgment pointed out that “neither of them provided relevant evidence to verify it”. In any case, the depositor left the important vouchers to a banker who was a relative of his own for a few days. In the end, he caused irreparable losses. It should be the depositor’s own responsibility that is the most responsible.

Massive information, accurate interpretation, all in Sina Finance APP

Editor in charge: Li Linlin

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