Missing deposits

ATM installed camera and card reader savers missing CCTV "consumption proposition" March 4, 2010 afternoon, Hubei province Anlu came to the home of the construction Bank, in the ATM machine to inquire whether their wages to the account, when she will pay card inserted ATM machine, found that the balance on the bank card is only 37.48 yuan, and the previous afternoon, she has just taken 300 yuan in this ATM machine, after the balance is more than 4,800 yuan.　　Where did the money go? On the sixth day after the woman found the money in the Pay Card, March 10, 2010, along with the Anlu in Hubei province, Mr. Cui also came to the construction Bank of the ATM machine before, ready to take 2500 yuan.　　However, when he followed the normal steps, but found that the balance is only more than 50 yuan, and he clearly remember his bank card has nearly 110,000 yuan deposit, to the counter inquiries, found that the balance of Cary is really only 56.4 yuan, the bank printed Passbook withdrawal details show that the money is taken away from the field. March 11, 2010 morning, Mr. Cui rushed to Hubei province Anlu Public Security Bureau Police Brigade report. Before that, the woman and two other victims had also reported to the police.　　The police found that several victims were using the same ATM, and everyone took the money on March 3.　　With the help of surveillance video and online investigation, one months later, this series of cases of theft through the ATM machine successfully broke. Three suspects, Du Xiaohong, Zhu Minghua and Peng Zhixiong, are Loudi Shuangfeng County people in Hunan province.　　At the beginning of 2010, they spent 35000 yuan on an acquaintance from Dalian to purchase a set of equipment specifically for the reproduction of bank cards, including pinhole cameras, card readers, two computers, bank card copy software, multiple blank bank cards, double-sided glue, knives, screwdrivers and many other tools. After the purchase of the equipment, three people began to identify the location of the crime.　　Zhu Minghua According to the seller to provide information, learned that Hubei province Xiaogan ATM machine is mostly old, and they will install the card reader match, so, Zhu Minghua in 2010 February 3 came to Hubei Xiaogan and Anlu, casing observation.　　March 3, a line of three arrived Anlu, selected an ATM machine, they will be parked next to the car, Zhu Minghua hiding in the car, and then Du Xiaohong to install pinhole camera and card reader, and then Peng Zhixiong test whether the installation was successful. Password-stealing pinhole camera power supply can only be maintained for one hours, every time after taking the equipment, three people quickly back to the hotel, the fastest speed to copy the bank card, and then overnight away from the crime of the place, to all over the country mobile withdrawals.　　In order to cover up the theft, they will use wigs, masks, hats, glasses and other items to disguise themselves.　　Three people after the arrest confessed, the reason can steal success, the most important is because of the customer's password, if depositors take money to block the password, they even have a bank card can not take out the money. In recent years, depositors deposit at ATMCases of stolen aircraft have occurred repeatedly. January 2009, Miss Sheng, Hangzhou city, Zhejiang Province, found that the bank card and password themselves are kept very good, but the account is less than 60,000 yuan, after the report, police investigation found that the bank teller machine did not install password protection box, Miss Sheng's money is divided three times by people in different banks to take away.　　Sheng sued the court for a bank claim for stolen money. The bank thinks that the public security has not been able to determine whether the deposit I draw or steal, nor can it be found that the withdrawal is due to duplicate cards or other acts, do not agree to compensation.　　However, the court finally believed that the criminal suspect used magnetic stripe bank card loophole, copied Miss Sheng's information, stole her deposit, and sentenced the bank compensation Sheng stolen 60,000 yuan and interest of 54 yuan. Mr. Chen, of Hanchuan, Hubei Province, November 28, 2009, found Their own 366,000 yuan deposit was stolen, bank cards and passwords are not lost, but before the ATM to withdraw money, Mr. Chen sued to the court, asking the bank compensation stolen 366,000 yuan, finally, Hubei province Hanchuan People's Court decided to bear the liability of the Bank, the reason is: criminal suspects to use lax management of the bank ATM, theft of customer information and false　　Making bank cards for transfer and cash, the bank fails to accurately identify forged bank cards and incorrectly delivers the plaintiff's deposit to the holder of the release card.　　Under what circumstances is it that a bank should compensate for the theft of depositors ' deposits?　　First of all, the case of the theft of deposits is not detected, depositors can obtain compensation? Goyu Shan, director of the Legal Profession Committee of Consumer Rights and interests of Beijing Bar Association: one is the criminal legal relationship, the other is civil legal relationship, not contradictory. In this contract relationship, the bank and the depositor is the contractual relationship, in the performance of the contract process, the consumer if the loss, the right to the bank to claim, this does not violate the bank as a victim of the right to recover the criminal suspect.　　No matter whether the criminal case is solved, the obligation of the bank to repay the deposit cannot be exempted.　　The current bank cards are magnetic stripe cards, easy to replicate, in this case, depositors information stolen, deposits are taken, banks are responsible?　　Goyu Shan: The security level of the bank card is at the low-end state at present, provides the opportunity for the criminals, the bank's responsibility is not exempt.　　If a depositor's bank card is handled by a bank and the deposit is stolen from another bank, which bank is liable? Goyu Shan: Consumers in accordance with the legal provisions of the place to trade, the equivalent of consumers to pay attention to the obligation, the bank can not say, you do not in my bank of this ATM machine to withdraw money, resulting in your loss, I do not compensate, this reason is not tenable. The bank can not identify the true and false cards, resulting in loss of consumers, consumers have the right to claim the bank for compensation.