links apt assistance buy a car element mine union Xuanwei Tin Par vice chairman Li Yougang as a bank card. The dealer requires verification, the password he told each other Unexpectedly, the cards have been cloned, 23.seven million in cash aboard the card is removed Li Yougang the bank onto the dock.
However,
asic Million special housing developers to sell th, eight annuals later the lawsuit has been four court decisions,is still never definitive. Recently, the case has attracted the Yunnan Provincial Higher People's Court's attention,ambition soon be arraigned case.
2001 年 five 24, Xuanwei Tin Par mine prepared apt buy a Honda automobile from Guangxi, the matter apt the union Xuanwei Tin Par vice chairman Li Yougang to do mine,aboard a good-looking cost after , the other festival apt verification. Li Yougang apt Finance as a loan procedures the staff of the Finance Section apt a bank branch Tin Par Xuanwei Office (hereinafter referred apt as Sherwin Branch), deposited among the appoint of Li Yougang 36 million, and the real name of the form Li Yougang apply as a an debit card,to run after the card apt the Liyou Gang.
onward Li Yougang businesses and Guangxi on the phone talking nearly a good crunching. However, testing is necessary ahead departure almost funding, Li Yougang debit card namely apt verification and preparation.
the 1st use of bank cards, Li Yougang not quite familiar with, he worked apt the counter advice that So, standing amid a bank door, Li Yougang the card number and password are told 26, Li Yougang asked folk to retard when the money was surprised to find that 23.seven million yuan among cash was missing.
Liyou Gang agitate that night, police and bank staff apt Li Yougang household with a debit card is extracted, the Tin Par office confirmed that the card namely really Tin Par office issued to the Li Yougang . The investigation confirmed Xuanwei City Public Security Bureau, Li Yougang of the deposits at 3:00 on May 25th, 2001 apt 17 and 26, was named , respectively,among a number of Zhangzhou City, Fujian savings and automatic teller machines removed 23.seven points and eight million yuan.
of First Instance found: Li Yougang bear 60%
real guess who namely As the case is not solved, remains a mystery Police went to Sherwin Zhangzhou the greatest prize is cleared Li Yougang innocence.
Subsequently, Li Yougang the bank to court requiring banks to tell up the distinction aboard his debit card.
2001 November Xuanwei City Court base Li Yougang password, card numeral apt anyone, taken away by others, which guided to the main, Li Yougang primary responsibility, ie 60% detriment Bank observe process which draw rigid assume secondary liability that is 40% of economic losses.
1st trial after the service, banks and Li Yougang alleged as judgments respectively, Qujing City Court.
Final verdict: Li Yougang never bear responsibility
Li Yougang grounds of solicit namely that he had been informed of the Bank staff contention imposter as significance.
bank attested that the case namely deserving to the direct losses caused according guilt direct reason of the leak the password and card number namely Li Yougang misconduct led apt criminal action apt succeed, the industry standard card for 50,000 yuan do never require the production and review of personality cards. Court of First Instance that the bank liable as breach of wrong.
Qujing City Court after listening that: Li Yougang the relationship among banks and savings and set up. Li Yougang debit card bears the obligation apt reserve the banks bear the financial security obligations,
puma running shoes, the bank teller who is not certify confirms that the password of the folk the true and legitimate card surrounded the hands Liyou Gang, Li Yougang reveal the operation of the card numeral and password among the aggregate stolen and never necessarily a direct causal relationship. Stipulates that the withdrawal of the 5 million alternatively less do not absence apt generate relevant documents, and for the ATM card does never acknowledge the risk of true and false,according the banks to take responsibility. Accordingly,surrounded August 2002, Qujing City Court revoked the ruling decree detriment of wealth along the banks to take full responsibility.
after two final pre-trial, Li Yougang favor.
remand: Li Yougang bear 40%
lawsuit although won,merely because banks defer decisions apt achieve expenditure obligations, Li Yougang as enforcement.
waiting amid Li Yougang hopeful results,but so apt Qujing City Intermediate People's Court ruled that a piece of paper saying that because the case submitted to the Judicial Committee discussed and judged the decision of the case as retrial,
nike air mariah, retrial during the original decision apt terminate execution .
distinction is that the court joined Zhangzhou City branch of a bank (hereinafter referred apt Zhangzhou Branch) for the defendant.
Li Yougang and Sherwin branch stick to their point of attitude Zhangzhou Branch said they Sherwin principal-agent relationship among the branches, and Lee
equitable not official relationship, the common litigants ought not be the case,ought not bear the joint as that matter responsibility.
2003 October Xuanwei Court again ruled that the relevant provisions below the debit card, debit card transactions with cards and password ought have two conditions, with a counterfeit card transactions are not legal Li Yougang reveal the movement of their card number and password of the deposit has been falsely attested a causal relationship among the results, Li Yougang action has a certain fault should be held amenable Zhangzhou Branch did never along apt regulations, with a greater degree of mistake and the mistake ought bear the primary responsibility, the Department of Zhangzhou Branch agency relationship with Sherwin branch, agency action consequences borne according the Sherwin branch.
this point,
puma nightfox, the first instance ruling and the ruling to a 180-degree corner 40% along the Li Yougang bear the responsibility,
tory burch flat sale,
Man refused to break up suicide next killing lover, Sherwin branch to bear 60%.
solicit again: to maintain 1st trial
the same as the first instance ruling Li Yougang and Sherwin branch refused to adopt the decision,apologize apt the Qujing were among the hospital.
Li Yougang insist that this namely a tort, infringement have to be among behavior and consequences of a direct causal relationship, there is no causal relationship, and that they should never bear the responsibility. Zhangzhou Branch granted as the appellee, the bank's liability side retard any errors.
2004 年 six 1st Qujing City Court verdict: After many dialectic the Court of First Instance finds that the facts visibly correctly applies the judgment,next rejected the beg and upheld the aboriginal ruling
lawyers say:
are not scammers bank depositors
Li Yougang about dizzy, has won the lawsuit, the repetition of such a huge twists and turns. The additional case apt the kill of a quiet life, this is jump to be lull and not work
he refuses apt adopt has been struggling to appeal Later, he base the Executive Director of the Antarctic Lu Xiang decree fixed attorneys Lu attorneys after careful inspection of the files that Li Yougang quite special case, there may be errors within the trial ruling
Lu lawyers wrote to the High Court the claim was several pages long. In his view the case because the card has been cloned,namely a high-tech guilt,for the verification,
paul smith men shoes Parents sue to recover the me, Li Yougang card digit and password apt distinguish the other party's deed namely never a direct reason leading apt the stolen money. For safety reasons, savers put money amid the bank,afterward as the ownership and use of asset on a temporary transfer apt the bank, banks can use its motley financial activities. Thus,among banks and depositors is never a easy relationship among the escrow deposit,yet apt take the money out until the depositor, the aggregate of ownership of ownership and use only chapter of savers again
from the Li Yougang ought not bear the losses as banks,
cheap basketball jerseys, banks are obliged apt belong to Li Yougang the money back apt him.
Lu lawyers said the High Court has ruled that the case want be arraigned.