Original title: 13.8 million men's deposit disappeared, only 73 yuan left, two lawsuits against the bank were rejected
4hw.com.cn Li Zhengxue filed a lawsuit with the bank for three years for the 13.8 million yuan that the bank card 'disappeared'.
Li Zhengxue told surging news that in June 2013, he handled a bank card to help Liu, vice president of Huining sub branch of Liaoyuan branch of ABC, complete the deposit task.
'Liu said that this bank card is a lump sum deposit with a deposit period of three years. During this period, you can't withdraw money or report loss. 'Li Zheng said that he could not report the loss, so he gave the bank card to Liu for safekeeping at the suggestion of Liu. After that, Li Zhengxue deposited money into the card by way of remittance, and successively deposited 13.8 million yuan.
According to the rumor, Liu's card was found to have run away from the bank in 2015. Li Zhengxue believed that the bank should be responsible for its own losses, so he sued Liaoyuan branch of Agricultural Bank of China to Liaoyuan intermediate people's court for compensation.
After hearing, the court held that the Agricultural Bank of China did not keep the bank card business for depositors, and could not determine that Liu's act of keeping the bank card for Li Zhengxue was the bank's act, and rejected Li Zhengxue's claim.
During the trial of the case, Liaoyuan branch of Agricultural Bank of China once submitted a group of evidence to the court, saying that Li Zhengxue's bank card had multiple connections with Liu's suspected fund-raising fraud case, and that the card had multiple capital transactions with Liu's fund-raising fraud terminal card.
Liu was sentenced in July 2018 for fund-raising fraud, but there was no mention of Li Zhengxue and his bank account in the judgment.
Li Zhengxue found that from 2015, in addition to him, there were other people who remitted money to his bank card. Until the crime was committed, the funds withdrawn from the bank card had far exceeded 13.8 million yuan.
What's more strange is that according to the bank statement, most of Li Zhengxue's money was withdrawn by mobile bank transfer, but he had not opened this business before. Based on the above reasons, Li Zhengxue again sued the Liaoyuan branch of ABC with a new cause and value of the case, demanding compensation for the losses.
On December 9, a judge of Liaoyuan intermediate court said that the case was being put on file for review.
After the incident, it became Li Zhengxue's daily routine to look at the case materials. After the incident, it became Li Zhengxue's daily routine to look at the case materials.
13.8 million deposits disappear
Hearing that Liu escaped from the crime, Li Zhengxue was inexplicably nervous. He had a bank card of 13.8 million yuan, which was still in the hands of the vice president of the sub branch and kept by him.
In October 2015, when Li Zhengxue went to the bank to check the account balance, he found that there was only 73.89 yuan left in the account. His legs were soft and he fainted in the bank hall.
Before the accident, Li Zhengxue had left his bank card in the custody of Liu for more than two years. He told the surging news that he and his mother Zhang Guifang had done fertilizer business in Liaoyuan City, Jilin Province, and had a profit of at least 1 million yuan a year.
Around may 2013, some relatives found Li Zhengxue's mother, hoping that she could apply for an agricultural bank card to help Liu complete the deposit task.
Li Zheng theory, at first his mother because of too many bank accounts, did not agree. After repeated persuasion from the other party, Zhang Guifang promised the other party to apply for an agricultural bank savings card in the name of his son Li Zhengxue in June 2013. On June 24, Li Zhengxue deposited 1.4 million yuan in this savings card, and in the following two years, he successively deposited more than 10 million yuan.
According to the bank statement provided by Li Zhengxue, from June 2013 to October 2015, he deposited 13.8 million yuan into the above-mentioned Agricultural Bank savings card in 32 times. Li Zheng's theory is that he does business with his mother and has a large capital flow, so he will deposit the remaining interest in the bank every once in a while. "When I was handling the card, Liu told me that this card is a lump sum deposit with a deposit period of three years. The interest rate is relatively high, but he can't withdraw money in advance or report loss. '
According to Li Zheng, he first deposited 1.4 million yuan, and a few days later, he successively saved several money. One day, Liu invited him to the office to collect the gift when he was saving money. Li Zhengxue remembers that after Liu gave him a bag of rice, he suggested giving her the bank card for safekeeping. "She said that she would help me keep the card in the bank safe and return it to me when the deposit matures three years later. This is safer. '
'I feel that money can't be withdrawn within three years, and I can't report the loss. Liu was introduced by a relative and didn't know the password. The bank card must be safer to keep in the bank than I do. So I gave her the card. Li Zheng said that for the next two years, he had been using his bank card number to deposit money in his card by way of remittance, and he did not find any abnormality during this period.
It was not until October 2015 that Li Zhengxue suddenly heard rumors that Liu had committed a crime and had fled to other places. At this time, he was a little flustered. After arriving at the bank, he found that almost all the money in his card had been taken away.
According to Li Zheng's theory, when the incident happened, his wife was pregnant and her huge savings disappeared. If a family was struck by lightning, they went to the bank, hoping that the other party would bear the liability for compensation and find out where the deposit was going. "At the beginning, the bank couldn't believe that it was taken by us. After investigation, they found out that it was related to Liu, but they thought it was Liu's personal behavior It has nothing to do with banks. '
After the claim was rejected, in early 2016, Li Zhengxue sued the Liaoyuan branch of Agricultural Bank of China to Liaoyuan intermediate people's court, asking the bank to compensate all its losses. He didn't expect that in the next three years or so, lawsuits became the daily routine of the whole family. Until his father died, they could not wait for the expected results.
In the transaction details of Li Zhengxue's bank card, most of the money is transferred out through telephone banking (zzdh). In the transaction details of Li Zhengxue's bank card, most of the money is transferred out through telephone banking (zzdh).
The lawsuit against ABC was rejected twice
After more than 10 million yuan of huge deposits disappeared, Li Zhengxue's lawsuit against ABC was not smooth.
On May 7, 2017, Liaoyuan intermediate people's court made a judgment of first instance. The court held that Li Zhengxue handled a bank card in Liaoyuan branch of Agricultural Bank of China on June 23, 2013, and the deposit contract between him and Liaoyuan branch of Agricultural Bank of China was established, forming a legal savings contract relationship. The bank has the obligation to ensure the safety of depositors' deposits, and the depositor has the responsibility to keep the bank card and the depositor well The obligation not to disclose relevant information and password. Li Zhengxue claimed that in order to help Liu complete the saving task, he gave his bank card to Liu. However, Liu was an employee of Huining sub branch of Agricultural Bank of China, and Li Zhengxue handled the bank card in Liaoyuan branch of Agricultural Bank of China. Therefore, no matter how much money li Zhengxue deposits in the bank card, it is impossible to show that the deposit is Liu's savings task.
In addition, Liaoyuan intermediate people's court also pointed out that although Liu was a staff member of the Agricultural Bank of China, because the Agricultural Bank of China did not keep the bank card business for depositors, it could not be recognized that Liu's act of keeping bank cards for Li Zhengxue was the bank's act of keeping bank cards for Li Zhengxue. Li Zhengxue knew that there was a large amount of money in his bank card, but he still gave his bank card to Liu. Although Li Zhengxue said he didn't tell Liu the password, judging from the transaction channels of the bank card, most of the funds are traded through ATM, POS, auto self-service terminal and zzdh transfer phone. All the above businesses need to input the correct bank card password during the transaction. If Li Zhengxue does not disclose the password to others, the above-mentioned transaction cannot be completed.
After hearing, Liaoyuan intermediate people's court held that Li Zhengxue's bank card was handed over to Liu because of his personal contact with Liu, which had nothing to do with the bank. The evidence submitted by Li Zhengxue could not prove that his loss was caused by the illegal act or breach of contract of Liaoyuan branch of agricultural Bank of China. Even if Li Zhengxue's deposit was transferred out by Liu, the transfer was not related to Liu's position in the bank, The bank is not responsible for Li Zhengxue's deposit loss because it does not belong to official behavior. On this basis, Liaoyuan intermediate court rejected Li Zhengxue's claim.
It is worth noting that during the trial of the case, Liaoyuan branch of Agricultural Bank of China once proposed that Li Zhengxue handed over his large amount savings card to an unfamiliar person for long-term custody, which was not in line with common sense for more than two years. In addition, Liu is suspected of fund-raising fraud, which does not exclude Li Zhengxue and his relatives from participating in or assisting Liu in fund-raising fraud and maliciously suing the bank. Meanwhile, Liaoyuan branch of Agricultural Bank of China submitted five notices of Liaoyuan Public Security Bureau's assistance in property inquiry to the court to prove that Li Zhengxue's bank card has multiple connections with Liu's fund-raising fraud case, and the card has several transactions with Liu's fund-raising fraud terminal card Capital flow.
After the judgment of the first instance, Li Zhengxue appealed to Jilin high court against the judgment, requested to cancel the original judgment, and sentenced Liaoyuan branch of Agricultural Bank of China to compensate all his personal losses. After hearing, Jilin High Court made a ruling on September 26, 2017, rejected the appeal and upheld the original judgment.
After the final judgment, Li Zhengxue's litigation road did not end. In the following two years, he successively appealed to the Supreme People's court and the Supreme People's Procuratorate, but both were rejected. According to Li Zheng's theory, during the appeal period, he also collected new evidence and materials, and found some new problems.
According to the contract information, Li Zhengxue only opened the debit card business when he opened the card. According to the contract information, Li Zhengxue only opened the debit card business when he opened the card.
The vice president involved has been sentenced for illegal fund-raising
Li Zheng theory, he originally gave the bank card to Liu for safekeeping because of his trust in the position of vice president of his sub branch. What makes him unable to understand is that the facts confirmed by the court in previous trials and the latest relevant evidence obtained by him show that most of the deposits in his bank card have been transferred through telephone banking (zzdh), but he did not open this business when he opened the card. "If these transfers have nothing to do with Liu's official behavior, it is impossible to achieve. '
According to the personal customer related contract information transferred out from Liaoyuan branch of Agricultural Bank of China provided by Li Zhengxue, when his bank card was opened on June 23, 2013, only the debit card business was opened. This bank card opened personal message service on January 19, 2015, and the contract information did not show the opening of telephone banking business.
Strangely, in the transaction list of Li Zhengxue's bank card, the amount withdrawn through telephone bank transfer was more than 15.81 million yuan, and "only 13.8 million yuan was deposited by myself, which is consistent with the court's determination. However, according to the transaction list, before the accident, besides me, there were other people who had deposited more than 2 million yuan in my card in more than 20 transactions, which later became Was transferred. '
Li Zhengxue suspects that Liu took his bank card and used it as a transfer account to defraud fund-raising. In order to find out the cause of the matter, he found Liu's criminal judgment, which showed that from 2005 to 2015, Liu illegally raised funds from 35 victims by promising to pay 2% - 3% of the interest every month and repay the principal and interest within a certain period of time, on the ground of doing cement business dividends. As of the time of the crime, 28.335 million yuan had not been returned. On July 10, 2018, the court sentenced Liu to 15 years' imprisonment and a fine of 500000 yuan for the crime of fund-raising fraud.
According to Li Zheng, although he and his bank account are not mentioned in the judgment, it can be seen that Liu has been in the past 10 years