Teller machine deposit card theft deposit court sentenced the bank to bear liability

The intermediate people's Court of Shaoguan, Guangdong, made a final judgment on a civil case of a bank teller machine swallowing card and cash stolen in the cashier's Bank on 15 days. The first sentence was to bear the liability of the bank.
In February 28, 2005, Mr. Hu opened an account in Shaoguan branch of a bank and handled a savings card. At 18:25 this year, at 18:25 this year, Mr. Hu carried out a balance inquiry on a teller machine in the city. When the system showed the success of the system, Mr. Hu suggested that "your card is kept in my custody, please get it tomorrow" when he returned to the card. It was found that it could not be inserted into the teller machine.
In this case, the data printed by the teller machine showed that: the 18:25 card could not be removed, and the card remained. At that time, the teller machine had not spit out the card. Hu was born at 18:33 and began to make a phone call to report the loss. It lost to 19, 07 minutes and 22 seconds.
On the afternoon of 10, when Mr. Hu went to the bank to collect the card, the card of the defendant was not swallowed, so the bank printed the account of Mr. Hu to check the deposit list. He found that Mr. Hu's deposit was taken out of the other bank's teller machine for three pieces of 5000 yuan (RMB), and at the same time, a fee of 12.6 yuan had been taken.
The Shaoguan intermediate court concluded that the teller machine provided by the commercial bank is a financial tool for the commercial banks to use advanced technology to the society. It not only brings convenience to the depositors, but also improves the operating environment of the bank, and provides the opportunity and space for more deposit and profit. However, the introduction of teller machines will bring new risks to the security of financial transactions.
The commercial bank that launches the teller machine has the condition to understand the structure and working principle of the teller machine, and has the opportunity to grasp the information of all kinds of crimes through the teller machine in time, and have the ability to improve and strengthen the function of the teller machine. The sixth law of the commercial bank law stipulates: "commercial banks should protect the legitimate rights and interests of depositors from infringement by any unit or individual." Commercial banks have the condition and ability to prevent criminals from using teller machines to commit crimes. They have the responsibility to undertake the duty to prevent crimes. Commercial banks should make improvements at any time according to the weaknesses exposed by teller machines after being attacked by various criminal activities. Other means and means can also be adopted to fulfill the obligation to prevent crime, so as to ensure the safety of depositors' deposits and safeguard the legitimate rights and interests of depositors.
Mr. Hu is an ordinary holder of the bank's savings card. He does not have the professional knowledge of the teller machine. When the deposit balance is inquired on the teller machine of the bank, he can not identify whether the teller machine is used by others to carry out illegal activities, so that his savings card and password are stolen by others. When Mr. Hu inquired on the teller machine, the system hints that "your card is kept in my custody temporarily, please come to receive tomorrow"; "machine failure, suspend service". This is in accordance with the data printed by the teller machine as: "card can not be taken out, card reservation", and the cue of the teller machine should be regarded as a bank prompt, because the cue of the teller machine should be considered as a prompt of the bank, because This, Mr. Hu thinks that it is the teller machine "swallow card", its reason is sufficient. Obviously, Mr. Hu has no fault on the teller machine, and should not be responsible. And the failure of a bank to fulfil its obligation to protect the security of the trading place is the main reason for Mr. Hu's savings card, password and the renminbi being stolen by others.
The court finally ruled that a Shaoguan branch of a bank should compensate Mr. Hu for 5012.6 yuan and interest.