Victim Zhu Hongyu, Meng Xiangfeng 2 people on October 16, 2014, the tall news that contains Beijing bank clerk via Shenyang city is enticed come to Shenyang city department of trade of Cheng Jingyin field headquarters applies for card to establish bankbook account, deposit money respectively RMB 30 million yuan, add up to RMB 60 million yuan.
Department of trade of Shenyang city Cheng Jingyin field headquarters is its victim Zhu Hongyu, Meng Xiangfeng 2 people dealt with deposit RMB respectively 30 million yuan deposit bankbook and rose deposit get stuck and obligate password. Subsequently victim Zhu Hongyu, Meng Xiangfeng goes in Shenyang city Cheng Jingyin the staff member is accompanied below, go to Cheng Jingyin respectively bar of subbranch of a bank of green river of duck of another subbranch of a bank inquires deposit, affirm via the staff member inform this deposit to already stored Cheng Jingyin goes Zhang face, it is its victim respectively Zhu Hongyu, Meng Xiangfeng prints remaining sum 30 million yuan go up in bankbook.
On January 23, 2015 afternoon, when 2 people come victim Zhu Hongyu, Meng Xiangfeng to department of trade of Shenyang city Cheng Jingyin field headquarters to conduct business extraction a money again, the staff member informs this deposit to already was delimited turn to other account that day at deposit.
Victim Zhu Hongyu, Meng Xiangfeng is holding bankbook of deposit of Shenyang city Chengjing bank and deposit card in both hands in the hand, id also was not lost, with any information of correlation of deposit account photograph Yi Wei is divulged, why does deposit of a huge sum deposit money to you can be delimited turn avowedly that day in deposit, delimit turn is what deposit of a huge sum deposits money He Ren? Who should buy sheet for deposit of this a huge sum? Victim Zhu Hongyu, Meng Xiangfeng feels suddenly 5 Lei Hong top, be filled with indignation, to Shenyang city public security bureau emperor aunt substation reports a case to the security authorities appeal.
The indefatigable effort that passes substation of aunt of emperor of Shenyang city public security bureau detects this case successfully eventually, already investigated now terminative.
This case is this bank two staff members and many society are disengaged collude of personnel inside and outside, take deposit of client of hook in of temptation of high interest pay, use working place, purloin victim is relevant information, privately pretends to be the injured party to fill in turn Zhang by, violate compasses operation, be opposite with the staff member's card card means delimits capital of a huge sum the divide the spoils after turning the case of bilk of heavy especially big finance that wait for a method and carries out.
Shenyang city contains Beijing bank with " worker individual commits a crime, criminal case awaits make sb disgorge the spoils " for, reject to pay victim Zhu Hongyu, Meng Xiangfeng 60 million yuan of deposit and interest, this incident caused extremely abominable effect socially.
Victim Zhu Hongyu, Meng Xiangfeng thinks, through leaving card establishs bankbook account between depositor and bank, after stocking debt this account, relationship of deposit deposit contract was established namely between depositor and bank, the droit of this capital produced move namely, should vest in bank.
Although public security mechanism is investigated with criminal case put on record terminative, but the civil dispute that deposit deposit contract causes between the crime law concern that because bilk commits a crime,forms and victim Zhu Hongyu, Meng Xiangfeng and Shenyang city Chengjing bank is not same law impact and same law fact.
The object of guilty suspect enroach on is Shenyang city Cheng Jingyin is not victim Zhu Hongyu, Meng Xiangfeng all right, the enroach on behavior of guilty suspect can not deny deposit deposit contract concerns.
Personnel of society of collude of clerk of Chengjing bank of city of Shenyang of department of this deposit deposit turns from bank system account piece, be not guilty suspect to Zhu Hongyu, Meng Xiangfeng carries out bilk and be to the victim directly, accordingly, of guilty suspect enroach on is ownership of worth of Shenyang city Chengjing bank, and be not ownership of property of victim Zhu Hongyu, Meng Xiangfeng.
Victim Zhu Hongyu, Meng Xiangfeng and classics of Shenyang city Chengjing bank for many times bargaining not if really, reach Shenyang city at was being sued with dispute of deposit deposit contract in November 2015 intermediate people court, this courtyard with " this case involves economic crime, the limits that does not belong to people court to hear civil suit " the ruling rejects victim Zhu Hongyu, Meng Xiangfeng sue.
Victim Zhu Hongyu, Meng Xiangfeng refuses to obey, save senior people court to mention to Liaoning lawfully appeal. After open a court session of classics of senior people court is tried, Liaoning province thinks, victim Zhu Hongyu, Meng Xiangfeng and Cheng Jingyin carry card between travel establish bankbook account, after stocking money of a huge sum this account, with Cheng Jingyin deposit deposit contract was built to concern namely between travel, the droit of capital namely vest in contains Beijing bank.
Public security mechanism although with " financial bilk " give put on record, but the crime law concern that forms because of swindler blame and victim and the civil dispute that Chengjing is based on deposit deposit contract to cause between the bank are not same law impact and same law fact, the criminality of guilty suspect cannot deny deposit deposit contract concerns. Deposit deposit is turned to go out from bank account by guilty suspect, of enroach on is the property ownership that Cheng Jingyin goes. Cheng Jingyin thinks depositor has fault all right, have quote responsibility.
" top people court involves economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " the 10th regulation: "People court is in case of cognizance economy dispute, discovery has embroil with this case, but with the clew of economic crime suspicion that this case is not same law impact, material, should move guilty suspicion clew, material send mechanism of concerned public security or procuratorial work mechanism to investigate, economic dispute case continues to try. " first trial involves economic crime with this case only, maintain this case not to belong to people court to accept the limits of civil suit, belong to applicable law undeserved, should grant to correct. Ruling: One, court of intermediate people of cancel Shenyang city (2015) Shen Zhongmin 4 first word the 59th civil ruling; 2, cognizance of court of intermediate people of instruction Shenyang city. But after classics of court of Shenyang city intermediate people is tried afresh, reject victim Zhu Hongyu, Meng Xiangfeng in order to be the same as be related fact and reason ruling again sue.
This case is collude of inside and outside of staff member of interior of one origin bank, pull with high interest store the depositor that entice and bank establish relationship of deposit deposit contract, then diddle deposit fund, cause deposit deposits money between bank and depositor the typical case of contract dispute.
Victim Zhu Hongyu, Meng Xiangfeng asks to apply for to open an account by the bank, bank issue bank card and bankbook to wait to victim Zhu Hongyu, Meng Xiangfeng, concern of contract of bilateral deposit deposit holds water lawfully. Deposit contract is to show depositor stocks money the bank, bank according to sets the contract that pays deposit capital and interest.
The bank is more conditional opposite depositor be on guard the criminal uses a bank to carry out crime, reason bank ought to establish perfect business standard, check hole of shot-off of loss, abide by a standard strictly to avoid a risk, ensure the deposit of depositor is safe, safeguard the legitimate rights and interests of depositor.
In this case, shenyang city Chengjing bank is reached in staff member management access money business to operate the respect such as flow to all be put in apparently major mistake, and this fault and deposit of deposit of a huge sum are cheated to have direct causal. The victim goes to a bank opening an account deposit, did not pay identity document and fund by other, open an account to what the bank deals with personally however business, want bank and fall victim average per capita to be dealt with according to business flow of the regulation only access money business, other cannot get any as associated as victim account photograph information, cannot fall to turn capital to other account from its account in victim unwitting circumstance more.
In concern of deposit deposit contract, after depositor stocks deposit the bank, capital ownership namely vest in bank, depositor enjoys the creditor's rights that holds deposit principal and interest to the bank according to deposit deposit contract. After the criminal uses depositor account to control authority diddle fund, property of money of fund of income of make sb disgorge the spoils ought to return belong to a bank, and whether is illicit money recovered do not affect impact of law of contract of deposit of deposit of its victim basis to advocate creditor's rights. Although the victim suffers temptation of place of pay of high specified number to open an account deposit, but dominant victim opens an account the one party of deposit business is a bank, staff member behavior fastens functionary action, the bank appears " inside ghost " department bank interior manages reason be caused by, purpose of deposit of reason victim deposit and deposit deposit are cheated between do not have direct causal; And in process of victim deposit deposit check password of deposit amount, obligate actively, appropriate keeps identity document reachs bankbook to wait, already used up reasonable attention apparently compulsory.
Accordingly, the concern of deposit deposit contract of victim Zhu Hongyu, Meng Xiangfeng and Shenyang city Chengjing bank holds water, this bank should buy sheet for this, assume to the victim Zhu Hongyu, Meng Xiangfeng returns the responsibility that returns deposit deposit principal and interest.
Contain Beijing bank
Cheng Jingyin is Shenyang all right bank of the first headquarters, it is northeast area establishs the earliest, dimensions the urban commercial bank with the biggest, abundant actual strength, also be the urban commercial bank that the 3rd implementation of countrywide crosses a province to establish a branch after afterwards Shanghai bank, Beijing bank. Its predecessor is by credence of Shenyang city town company, Shenyang cooperates the Shenyang city that work up of bank of collaboration of city of bank, Shenyang rises commercial bank.
The commercial bank is in Shenyang city experienced integrated development, reform innovation, transform after recombining, at controlling government via course of study of Bank of China 2007 committee is approved, successful more the name is Chengjing bank.
Cheng Jingyin already was in all right hill of island of mouth of Beijing, Shanghai, Tianjin, Changchun, Dalian, battalion, calabash, bright and beautiful city, saddle, Benxi, Pan Jin, rising sun, n, red east and other places creates 14 subsidiary bank in succession.
