"I don't know when 9 million will come back." Zheng Xiaoping said, "This kind of fraud by ICBC is terrible."
By looking at the information and evidence provided by Zheng Xiaoping, I found that his complaint was not false, so I wrote it down for your reference. Be careful of the trap of ICBC in the future.
Huge sums of money are inexplicably lost.
On June 2, 2008, Zhang Juhua went to Yangzhong Sub-branch of Industrial and Commercial Bank of China, went to the counter to handle deposit procedures, certificates of deposit and accounts, and deposited 9 million yuan into the account. At that time, the teller who handled the deposit procedure was Hong.
Shortly thereafter, Zhang Juhua took this large deposit slip to inquire, but was told that 9 million yuan had been transferred through online banking with U shield. Another woman named Zheng also found that she had 6,543,800 yuan in this industrial and commercial bank and was secretly transferred away by the same means.
Yangzhong Industrial and Commercial Bank told her that the name of the person who transferred the money to her was He, who was originally the director of the bank business department who handled the deposit procedures. He transferred her deposit to others through online banking by using the U shield detained privately when handling the deposit.
Regarding the request for deposit payment, Yangzhong Industrial and Commercial Bank said that He transferred the deposit as a private act, and they had fired He, so the bank no longer assumed the responsibility of returning the customer's deposit.
Zhang Juhua was very angry. She negotiated with the bank and said, "My money is in your bank, but my deposit slip hasn't moved at all. Your employees bullied me into not knowing the online banking business and detained U Shield privately when handling deposits. What's the difference between this and stealing? Hua Wei and I are strangers. He completely used his position as a bank clerk to transfer my money. Of course, your bank should be responsible for these consequences. "
Yangzhong Industrial and Commercial Bank ignored Zhang Juhua's request for consultation.
Zhang Juhua's passbook clearly says 9 million yuan deposit.
Amazing darkness
Later, the investigation by the court and public security organs restored the process of Zhang Juhua's 9 million yuan being transferred away.
At that time, when Hong, the teller of Yangzhong Industrial and Commercial Bank, was handling the deposit business, He instructed another employee of the bank, Wang, as the director of the business department, to stand next to Zhang to check Zhang's password, without realizing that the bank employee in uniform was actually peeping at her deposit password.
When going through the deposit formalities, the teller took out several application documents in format for Zhang Juhua to sign. Based on his trust in the bank, Zhang signed all the documents and returned them to the teller at the window without reading them. Zhang Juhua didn't know that among the documents she signed at that time, there were documents of online banking.
According to the relevant regulations of the bank, when depositors handle online business, the U shield provided by the bank should be given to the depositor himself, not to the agent or others, but the teller admitted that he gave the U shield of online banking to another bank employee, Wang, who was standing beside him at that time. After that, Wang handed over the U shield and the found password to He. At this point, He Huawei has mastered all the secrets of this deposit in Zhang Juhua and can withdraw or transfer it at any time. Zhang Juhua knew nothing about it and was kept in the dark.
Why did he admit the above process when asked by the public security organ? He also admitted to the police that in fact, as early as 2007, he went to Zhenjiang to find a self-employed person and privately engraved a "No.2 Business Chapter of Industrial and Commercial Bank of Yangzhong City". From then on, he used this private seal to control the depositor's deposit of 30 million yuan with a fake official seal and transferred it all away. Among them, Fujian Ruan deposited120,000 yuan in the bank at one time, and was transferred away by He for more than 6 million yuan that night. Fortunately, Ruan was vigilant, and found out the matter the next day, and recovered all the deposits in Yangzhong Industrial and Commercial Bank through the alarm.
According to the data, He Huawei's method of controlling depositors' funds is relatively simple: first, let depositors handle deposits and try to find out the password. Then, in the name of caring about the safety of depositors, it is suggested that depositors deposit their bank cards in banks, and then use this fake official seal to issue bank card security certificates and commitment letters to depositors. When depositors leave, they will transfer money with their bank cards and detected passwords.
After Ruan120,000 yuan deposit insurance was cheated, Yangzhong Industrial and Commercial Bank was fully aware of what he had done. But for some reason, the bank didn't collect the official seal of He privately carved, nor did it take measures against him. On the contrary, it allows He Huawei to continue to hurt depositors in his business position. It was not until 9 million yuan was cheated that Yangzhong ICBC's superior unit gave him any dismissal.
Zheng Xiaoping suspected that in fact, the shady business of ICBC in Yangzhong City should be far more than this 40 million yuan, because the bank tried its best to cover it up and depositors never knew the details, so more shady business may still be waiting to be exposed.
He admitted that he had privately engraved the official seal and stamped this chapter on the letter of commitment for depositors.
Legal dispute
Yangzhong Industrial and Commercial Bank told me that because he was a dismissed employee, he transferred Zhang's deposit, which had nothing to do with the bank and the bank could not be responsible.
On the other hand, Zhang Juhua believes that it is the duty of bank staff to handle deposit business in Zhang Juhua. As long as any depositor goes through the deposit formalities at the bank counter, he has reason to believe that the employees sitting at the counter are bank employees. How else can depositors trust banks?
Professor Yi Yanyou of Tsinghua University Law School believes that the deposit certificate has not been lost or withdrawn, and she is a stranger, so there is no relationship of entrusted deposit and withdrawal. Zhang Weihua secretly transferred his savings. The nature of this behavior should be stealing or defrauding the funds of bank customers. This series of behaviors is manifested in two legal relationships: one is the relationship with the bank's deposit creditor's rights, and the other is the relationship with how to infringe the bank's customer's funds. Banks can't refuse to pay deposits to depositors just because someone has stolen customers' funds. Otherwise, according to the logic of Yangzhong ICBC, can they refuse to pay all depositors' deposits as long as they are thieves one day? Doesn't this make all depositors feel insecure? The correct way for banks should be to pay the deposit unconditionally, and then investigate the tort liability of He.
Seeing that Yangzhong Industrial and Commercial Bank refused to pay the deposit, Zhang Juhua sued the bank to Zhenjiang Intermediate People's Court, demanding the return of the deposit and interest.
But Zhang Juhua didn't expect that such a simple legal relationship later became inexplicably complicated.
Law ball
After Zhenjiang Intermediate People's Court accepted Zhang Juhua's complaint, the judge immediately handed it over responsibly. By asking Hong Hehe, the teller who handled the deposit at that time, I learned the process of 9 million yuan being transferred away. As a result, the court quickly issued a notice of hearing.
However, since then, the court leaders have intervened in the trial of the case, and Zhenjiang Intermediate People's Court has inexplicably stopped the trial, and informed Zhang Juhua in the form of written notice that the case has been transferred to Yangzhong Public Security Bureau for criminal investigation, in view of the fact that bank customers' funds have been cheated.
Lawyers believe that this move by Zhenjiang Intermediate People's Court is very unreasonable. First, if the court needs to suspend the trial, it should do so in the form of a "ruling" rather than a notice, because only when the parties get a "ruling" can they appeal and seek relief from a higher court. The court used this notice to make Zhang Juhua unable to appeal, thus losing his right of appeal. Second, what the police want to investigate is the case of defrauding bank funds, which is not the same case as the deposit dispute, but the same case referred to by the judicial principle of "criminal first, then civil". So the court should not suspend the trial at all.
What is even more puzzling is that after the case entered the Yangzhong City Public Security Bureau, it has been stagnant for two years, except for the initial police interrogation record. No matter how Zhang Juhua and his agent urged him, the police would not move, neither arresting people, nor investigating or closing the case. After being fired, He became the general manager of a local insurance company.
During this period, Qiu Jibao and Lin Yan, two deputies to the National People's Congress in Zhejiang Province, were furious when they heard about this incident and sent a letter of inquiry directly to the head of the Supreme Court. However, despite the instructions of Shen Deyong, executive vice president of the Supreme Court, the case was examined and approved at different levels. When we arrived at Zhenjiang Intermediate People's Court and Yangzhong Public Security Bureau, it was gone. Since then, two NPC deputies have questioned again and sent a letter to Gong Pixiang, president of the Jiangsu Provincial High Court, but they have not received any reply.
According to the lawyer's analysis, the case itself is very simple. As long as the court opens, ICBC will lose the case, and Zhang Juhua's 9 million will definitely be returned. The reason why the court deliberately suspended the trial in a way that did not conform to the format and procedure was because the Public Security Bureau tacitly delayed the investigation. The purpose is actually to cooperate with ICBC's public relations behavior, so that this case can never be closed and depositors can never get their own deposits.
Zhang Juhua's agent, Zheng Xiaoping, analyzed that this kind of shady business has existed for a long time in Yangzhong Industrial and Commercial Bank, allowing employees to carve business seals privately, defrauding and misappropriating customers' funds, amounting to tens of millions of yuan. This is by no means something that a business director can do alone. The bigger shady should be the leadership of ICBC. The trial of Zhang Juhua case and the delay of deposit payment were inspired by the leadership of ICBC. Only in this way can the darkness cover up one more day.