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Asian Heart Network (Reporter Li Yun Xia Wang Qian Hong Shen Xi correspondent) bank card a sum of 840,000 yuan more inexplicable large sums of money, which makes the bank card master both excited and nervous, after some ideological struggle, he was a little bit to take out the money. Two years later, when he gradually forgotten about it, the bank came to the door ......
7, the reporter from the Urumqi sand District People's Court learned together in this way because the bank staff mishandling of money being sent out of the case wrong, and ultimately that the court, the bank card master Li Jun (a pseudonym) will use the installment plan, Even the return of this ill-gotten gains with interest.
At first dared to withdraw money
32 year old Li Jun hometown in Fujian Province, in 2003, came home from Urumqi to run a construction machinery parts sales, business has been no improvement, barely.
May 24, 2005 in the afternoon, after the finish to take the money to the bank Li Jun, inquired about their account balances, bank machine out of the digital scared the daylights out of him, for no reason on the card actually more out of 840,louboutin outlet milano,http://cgi.members.interq.or.jp/www1/kei1/cgi-bin/kaori/kaori.cgi,000 yuan.
Who is this money, how will appear in my card? Scared and afraid of Jun puzzled, and finally come to a result: the money who may be hit by mistake on his own account, and the man certainly soon find the whereabouts of the money and want to return. So, he did not move a point.
Tension and anxiety, and Li Jun waiting for someone to come to money, he also repeatedly Check bank accounts, 840,000 yuan has been still in his card. So, a month later, still no one to find him.
That might be fine, Li began little by little to withdraw money from the card, all the money taken out after a few months. After that, he will be one part of the money into their own mechanical parts sales, the remaining money is brought back to his hometown in Fujian, to buy land to build a house,http://bbs.gj.qcplay.com/forum.php?mod=viewthread&tid=1818592&fromuid=27071, and soon with his girlfriend to marry. In the injection of funds, Li Jun has been improvement business in Urumqi, Urumqi and he is and from Fujian, take care of business. One to two to go,louboutin outlet milano, the past two years, has gradually faded away Jun windfall of origin, until one day in 2007, a bank staff Urumqi suddenly appeared in front of him.
Two years later the bank to recover money
Originally, the bank received a unit to reflect the autonomous region after the 2005 arrival of the sum of 840,000 yuan money has not arrived yet two years,http://home.att.ne.jp/wind/pal9000/cgi-bin/yybbs.cgi, the bank began to investigate the matter.
Records show that year to fight money remittance unit at the bank to deposit and manner a 840,000 yuan transfer check into the account of a unit of the autonomous region, the results of the bank staff mistakenly credited to Jun's sales.
Bank staff came to Fujian to find Li Jun, asking them to return when the error scored his account of the money and the resulting losses.
At first, Li Jun also do not want the money, the bank then has sued to Urumqi sand district court.
January 16, 2008, after court mediation,https://fis.encs.concordia.ca/helpdesk-cgi/quota.cgi, Li reached an agreement with the banks: Bank of 840,000 yuan Jun restitution and litigation costs of the case, travel expenses, interest and other expenses Total 893,http://zazna.com/selection/index.php?item/create_form/1,797.32 yuan, June 30, 2008 to return 40 million, the remaining funds in July 2009 returned completed.
At first, Li repayment is still active,http://www.uk301.com/forum.php?mod=viewthread&tid=34115&fromuid=2691, according to the agreement the bank has 40 million. But later, he began to delay repayment time. Helpless, the bank application to the sand district court for enforcement. In the re-conciliation court Executive Board, the two sides reached a settlement agreement: Li Jun from March 2010 Monthly least two million into banks,louboutin outlet milano, to April 30, 2011 the remaining funds repaid in full.
Unjust enrichment should be returned
Mediation implementation of the case Urumqi sand District Court Judge Wu Executive Board, said Li Jun will bank card suddenly out of 840,000 yuan large sums of money taken out of unjust enrichment is the civil law. The so-called unjust enrichment that are not lawful basis, or after the loss of the legitimate interests of another person based on losses obtained. Unjust enrichment should be returned, so this sum should be returned to the bank. Lee did not do so,louboutin outlet milano,http://bbs.tt919.com/read.php?tid-163889-page-1.html/read.php?tid-163889-page-1.html/post.php?fid=281?fid=281, he never dared to use to for their own use, to the home after the owner, refused to return. The nature of his actions from increased civil matters for alleged encroachment of criminal matters.
Wu explained that the criminal law, crime refers to the illegal occupation of possession for the purpose, the others to keep their own property, or forgotten treasure trove of illegal for himself, a relatively large amount, refused to surrender behavior. Criminal law theory, the lost property and lost property for the same thing, without discriminating, are Embezzlement Crime. Banks 840,000 yuan Lin hit the wrong bank card, which 840,000 yuan should be considered as bank Property. & Nbsp; (text characters as a pseudonym) & nbsp; & nbsp; & nbsp; Xu Ting playback
In 2006, Xu Ting went to Guangzhou Huangpu Road, Tianhe District, a bank ATM teller machine withdrawals. Results Ting Xu found that after removing 1,http://www.xiyatour.com/home.php?mod=spacecp&ac=blog&blogid=,000 yuan, bank card account only deducted 1 yuan; Xu Ting has followed the withdrawal of up to one hundred seventy sum, totaling 175,000 yuan.
Xu Ting first time since the withdrawal of 1,louboutin outlet milano,000 yuan is normal withdrawals due to the malfunctioning machine, inadvertently extracted, so the court is not recognized as theft, while the remaining one hundred and seventy times withdrawals on ATMs in their bank account automatically deduction of 174 yuan, not considered theft. Accordingly, the Court finally held that Xu Ting actual theft amounting to RMB 17.3826 million.
April 24, 2007, Xu Ting resigned from his job in Guangzhou, absconded with money. A year later, Xu Ting was arrested in Baoji railway station. November 29, 2007, the Guangzhou Intermediate People's Court of First Instance sentenced him to life imprisonment for theft.
Xu Ting reported by the media, in Chinese society caused widespread public concern and controversy. January 14, 2008, the Guangdong Provincial High Court to remand the case to the grounds of the facts clear. February 22, 2008, Xu Ting Guangzhou City Intermediate People's Court in the retrial hearing. Court still finds that Xu Ting constituted theft and sentenced her to five years in prison and a fine of 20,000 yuan, and the restitution of their removal from the bank ATM machine 17.3826 million. |
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發表於 2015-6-17 00:37:18
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