Lost 235 million in card overnight, man shocked, bank did not resolve

Han Mo Mo (born in 1974, China) recently experienced an unexpected incident when he said he deposited money at the Nghi Phong Branch (Jiangxi) of ICBC (Industrial and Commercial Bank of China).

As of February 24, 2023, his card balance was 66,787.45 yuan (about 235 million VND). From about 11:00 p.m. on February 28, 2023 to about 0:00 a.m. on March 1, 2023, Han Mo Mo received 9 ATM withdrawal transaction messages sent by the bank. In total, 66,700 yuan in his account "disappeared". Realizing something was wrong, he immediately contacted the bank.

Han Mo Mo said that his card was used at an ATM in Wanrong County, Shanxi Province (China) at night. He also confirmed that he did not go to Shanxi during that time and that he still had the bank card with him. Han was certain that it had been stolen and asked the bank to check.

After investigation, ICBC confirmed that Han Mo Mo’s money was stolen and printed a transaction statement for him but refused to compensate. After many unsuccessful negotiations, Mr. Han affirmed that the bank had an obligation to ensure the safety of the money in the user’s account. This meant that they had to compensate him for the loss.

Unable to reconcile, he decided to sue the bank. The lawyer assigned by ICBC Nghi Phong branch argued: The plaintiff's card is a magnetic card. ICBC Bank had sent a message to the customer about the magnetic card before, asking him to come to the bank to get a chip card. However, the plaintiff still used the magnetic card. According to the lawyer's opinion, the bank had fulfilled its notification obligation and when the money was lost or withdrawn, the bank sent a message. They did not rule out the possibility that the plaintiff had committed other violations in using the card.

After review, the court determined that the plaintiff Han Mo Mo opened an account with account number ×××80 at ICBC Nghi Phong branch. On February 24, 2023, the deposit balance in the plaintiff's bank account was 66,787.45 yuan. From approximately 23:55 on February 28, 2023 to approximately 0:03 on March 1, 2023, the deposit in the plaintiff's bank account was continuously withdrawn 9 times, totaling 66,700 yuan.

After receiving the above withdrawal transaction message, the plaintiff immediately called the defendant's customer service numbers to report the incident. The plaintiff is an employee of the Social Insurance Service Center, which has proven that the plaintiff did not leave the locality from February 27 to March 3, 2023.

The court held that the bank has the responsibility to protect the legitimate rights and interests of depositors from infringement by any entity or individual. The plaintiff opened a deposit account with the defendant and deposited money into the account. The savings deposit contract relationship was formed between the plaintiff and the defendant from the time the plaintiff deposited money into his account, the defendant was responsible for the safety and security of the deposits in the plaintiff's account. Thus, the bank has the obligation to take necessary measures to prevent theft.

The defendant has not provided evidence to prove that the plaintiff improperly kept or used the relevant bank card, resulting in theft or misappropriation of the bank card. Therefore, ICBC Nghi Phong Branch Bank must be responsible for the loss of 66,700 yuan that was stolen from the plaintiff's account.

In short, the bank is responsible for compensating the plaintiff Han Mo Mo 66,700 NDT. If the defendant fails to fulfill the payment obligation within the time limit specified in this judgment, the defendant must pay double the amount including principal and interest. The above incident is a lesson for many people about protecting their accounts and being alert if there are any unusual signs.

Người phụ nữ bàng hoàng bị ngân hàng lấy mất 34 tỷ trong thẻ, công an vào cuộc Pinky13:31:17 23/09/2024Theo Sohu, chị Cao ở Ninh Ba, tỉnh Chiết Giang, Trung Quốc, đã kinh doanh trong nhiều năm và tích góp được một khoản tiền kha khá. Đến tháng 5 năm 2017, khi số tiền tích luỹ đã lên đến 10 triệu NDT (hơn 34,8 tỷ đồng)