China-Singapore Jingwei Client, July 23 (Wei Wei) Banks have to handle a large amount of customer funds every day, and some employees use their own work convenience to violate customer interests. Recently, the criminal verdict published by the Judgment Document Network showed that Jin Mou, the business manager of the South Station Branch of China CITIC Bank Shenyang Branch, in more than three years, by peeking at the customer’s password, withdrawing the customer’s financial product order and transferring the money to himself Account, earn millions of dollars in interest margin.
But the matter is not over. It is understood that one of the customers took the Nanzhan branch of the Shenyang branch of China CITIC Bank to court and demanded that the bank pay 1 million yuan and interest.
China-Singapore Jingwei client combed the judgment document network and found that in recent years, bank employees have seen frequent cases of defrauding customers. Most of them have been sentenced for the crime of absorbing customer funds without recording them in the account. loss.
Source of China CITIC Bank data map: Photo by China Singapore Jingwei
Peek at customer passwords and transfer money away
The court found that from March 2015 to November 2018, the defendant Jin Mou, while serving as the business manager of the Nanzhan Sub-branch of China CITIC Bank Shenyang Branch, would purchase the customers Wang Mou, Jiang Mou, Wei Mou, and Jia of China CITIC Bank wealth management products. XX 2. Xu’s funds do not enter the account, use the customer to enter the password to peek at the customer’s password, cancel the customer’s successfully purchased wealth management product, and transfer the funds in the customer’s bank card to his own bank card for use Invested in a subsidiary of Liaoning Guoding Asset Management Co., Ltd. and earned a balance interest of RMB 3.0363 million.
In March 2019, due to a break in the capital chain of Liaoning Guoding Asset Management Co., Ltd., Jin did not return client funds. After that, Jin went to the public security organ to surrender automatically.
The court held that the defendant Jin, as a bank employee, absorbed the client's funds and did not enter the account. The amount was huge and caused heavy losses. In the end, the defendant Jin was sentenced to the crime of absorbing client funds without accounting, and was sentenced to four years in prison and fined 100,000 yuan, which was turned over to the state treasury in accordance with the law.
In addition, the defendant Jin was ordered to refund a total of 10.75 million yuan to the victim. The real estate under Jin's name that the public security organ has sealed up will be refunded to the victim in proportion to the real estate, and the defendant shall be ordered to continue to refund the insufficiency.
The customer asks the bank to take responsibility
Although Jin has been sanctioned by law, the client still takes the bank involved to court. On July 21, the Judgment Document Network published the second-instance civil ruling on the dispute over the entrusted financial management contract between Jia XX and China CITIC Bank Shenyang South Station Branch.
Jia Moumou believes that as a bank manager, Jin provides financial services as a manager in his business hall. These facts are enough to give him trust. However, due to the unfavorable supervision of the bank’s staff, the staff members obtained the depositor password. Arbitrary transfers use depositors’ account funds and cause huge economic losses to depositors. The business hall of the Shenyang South Railway Station Branch of CITIC Bank is obviously at fault for this, so Jin should be held responsible for his actions.
The court of first instance stated that the dispute in the case involved a criminal offence and was not within the scope of the civil trial, so it rejected Jia's prosecution.
After that, Jia XX filed an appeal. The court of second instance held that as an employee of the Shenyang South Railway Station branch of China CITIC Bank, the outsider Jin was involved in criminal offences, but it did not of course affect Jia’s claim to the bank in accordance with the civil legal relationship formed with the Shenyang South Railway Station branch of China CITIC Bank. Civil liability. Therefore, the civil ruling of the first instance was revoked and the Heping District People's Court of Shenyang City was ordered to hear the case.
The live broadcast of the China Trial Public Network showed that the case had been heard on July 16. The plaintiff Jia XX agreed to mediation, and the defendant bank said whether to accept mediation still needs to be discussed. The case may choose another time for mediation.
What problems should be paid attention to when going to the bank to buy financial management?
In recent years, the “missing” of bank customer funds has occurred frequently. For example, more than ten customers and tens of millions of funds of the Qujiangchi North Road Sub-branch of China Merchants Bank were withdrawn by the bank's wealth management manager Zhou, and it was not discovered until Zhou committed suicide. According to China Business News, the depositor Li Hong (pseudonym) said that he himself handled wealth management business in the VIP room, during which Zhou Mou took her ID card, bank card and other materials outside to make copies. Later, when I retrieved the video, I found out that Zhou gave his credentials to the joint person waiting outside, and the joint person would perform services such as withdrawal or transfer on his behalf.
The court pointed out in the judgment that Li Hong had entered the password in front of Zhou several times, which undoubtedly provided Zhou with the opportunity to obtain the password of the account involved in the case. This was caused by the parties' lack of caution. In addition, the Shaanxi Banking and Insurance Regulatory Bureau issued a "Reply to Letters and Visits" on June 21, 2019, and believed that the incident reflected the bank's management of employee behavior, counter business risk prevention, rotation of important positions, and investigation of abnormal employee behavior. The mechanism is not perfect, the implementation of specific systems is mere formality, and the prevention and control of case risks is insufficient.
Not only stealing customer passwords, but also directly forging wealth management products and forging bank seals.
Recently, the Judgment Documents website showed that Luo, an employee of the Mianduhe Branch of the Yakeshi Sub-branch of the Agricultural Bank of China, forged the power of attorney for subscription and purchase of wealth management products for 7 years since 2012, and stamped the obsolete "China Agriculture The bank exempted the special financial seal of Duhe Office", defrauding customers of 6.92 million yuan in total. In order to attract customers to purchase wealth management products, Luo also confessed that he promised high returns to customers. He claimed that the product interest was more than three percent, plus the rewards given to him by the bank, a total of more than 1 cent in interest.
After the incident, the above-mentioned bank staff would be subject to legal sanctions, but the economic losses suffered by the depositors were difficult to recover, and the bank had to be pushed into the dock.
The Sino-Singapore Jingwei client combed the case and found that the fraud methods of the bank employees involved in the case were similar: First, the victim was too old and trusted the bank account manager and neglected to prevent it; second, the fraudulent method of the bank’s employees was too old; Cards, ID cards, etc. are improperly kept, giving the other party a chance; third, some forged or “flying bills” financial products are allowed to have higher yields than normal bank financial products; fourth, transfers may be transferred to personal accounts instead of Bank accounts.
Regarding this, Wei Quanji, a lawyer from Jingshi Law Firm, said in an interview with the Sino-Singapore Jingwei client that clients should raise their risk awareness and do not arbitrarily sign blank transfer vouchers or hand over USB-Shield to others for operation, and it is necessary for contract signing, fund transfer and repayment. We must remain vigilant for signs of irregularities and strengthen the risk prevention of our own financial security.
Wei Quanji also mentioned that banks should also strengthen the management of staff selection and daily performance of duties, strengthen supervision and inspection of business outlets, and promptly detect and stop the behavior of employees' illegal promotion of wealth management products to customers. Risk education and reminders for investors should be strengthened, and warnings and guidance should be given to customers in a concise, clear and easy-to-understand manner in major business places such as lobbies and wealth management rooms, so as to prevent problems before they happen. (Sino-Singapore Jingwei APP)
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