What would you do if ATM vomited too much money?

Two days ago, my mobile phone ran out of power. I watched Mr. Ran brush Weibo and got a joke. A man went to the ATM to get 5,000 yuan, but he got 10,000 yuan. The man looked at the camera, put the extra 5000 yuan into the ATM and left. Later, the bank sued the cashier for losing the 5000 yuan: you took the bank's money and put down your own.

At that time, I smiled and felt that the person who took the money was really bold and cautious, and the right decision was made between crackles. At that moment, I agreed to this decision.

Originally, I wrote this joke today to praise the cashier, but after I finished it, I found that the bank was superior: although the idea of asking for money is a joke, asking for money is serious, feasible and well-founded.

First of all, talk about the joke itself.

The cashier took the money from the bank, but did he put down his own money? That's not true. Accustomed to understanding your own things can be punished, but how can things that are not your own be punished? So what should be put down is the part that the cashier has the right to arrange to put down, which is his. But there is actually another word called unauthorized disposal. What you have the conditions to dispose of is not necessarily yours. For example, if someone accidentally loses a watch, although it is not the owner, it can be sold or given away as a possessor, but the role of the disposal behavior remains to be discussed.

Moreover, money, as a thing, does not need to distinguish between each piece. As long as it reaches the drawer, it belongs to the drawer. There is no need to distinguish which numbers belong to the drawer and which numbers belong to the bank. It is unnecessary for the drawer to put 5000 yuan, but whether this 5000 yuan belongs to the bank or to him depends on what he thought at that time.

Secondly, talk about ATMs.

Whether the joke is good or not depends on the burden. The most famous case of ATM spitting out more money is the Xu Ting case in Guangzhou. He was sentenced to five years' imprisonment for theft in those years. Now if we see that I don't take the extra money, we won't say anything about me. I'll put it on this counter, so I can't rely on me. It's hard to say whether you are responsible, but what about Xu Ting's previous conviction?

At 9: 56 pm on April 2, 2006, Xu Ting took a bank card with only 176.97 yuan left to withdraw money. He intended to withdraw 100 yuan, but unexpectedly lost 1000 yuan. Unexpectedly, the ATM machine vomited 1000 yuan, and even worse, it deducted 1000 yuan. So he took 175000 yuan successively. As the old saying goes, don't forget each other when you are rich. After he got the money, he told his colleagues about it. His colleague took 19000 yuan. Knowing that it was cheap, he left and was arrested in Baoji, Shaanxi a year later.

Arrest, public prosecution, trial, judgment, appeal, remand for retrial, approval by the Supreme Court, final conviction and five years' imprisonment. Because of his good behavior in prison, 20 10 was released on parole in the second half of the year.

Originally, the bank was not responsible for leaving the counter when complaining. After the Xu Ting case was exposed, everyone could not sit still: Why not get the money back and be convicted? In addition, the unjust enrichment of defense lawyers has not been supported by the court. At that time, there were as many discussions and concerns as there were, all of which were reached after the announcement of the Supreme Court's review ruling.

Third, talk about asking for money.

Xu Ting was convicted of theft because he didn't resist the temptation after he found the mistake. The cashier in the joke learned from the past, put away the idea of taking advantage, put down the money and walked away. Although there were cameras, the bank's money was finally gone.

For banks, money is lost. For the cashier, if you take it and wait, it is either unjust enrichment or theft, but the possibility of theft is too small. After all, if he really enters the proceedings, he will definitely not say that he wants to keep it for himself, but wait for the bank to call to return it. This is a routine operation.

The coquettish operation of a joke is to put it down and leave. I don't care how you lost it, but I certainly didn't take it. The seemingly innocent cashier was actually involved when she got the money.

Chapter 9 of the Property Law clearly stipulates the lost property: notification, custody, delivery and return. As long as the money passes through your hands, you have these obligations. Xu Ting takes the possibility of not spending, running and not wanting to take it for himself, so there is no theft. If the cashier doesn't put it down, it doesn't matter, but it is intentional or gross negligence:

Article11of the Property Law (custody of lost property)

Before the finder sends the lost property to the relevant departments, the relevant departments shall properly keep it before it is collected. If the lost property is damaged or lost due to intentional or gross negligence, it shall bear civil liability.

In other words, if the money put down by the cashier is lost, the bank can claim for compensation on the grounds that it has not fulfilled its custody obligation, and the final division of responsibility will be difficult to distinguish.

Finally, what should I do?

Whether the ATM spits out too much money or finds someone else's watch, even if you regret it, what is the best way? If you don't want to cause any trouble, it's like taking a video by express delivery. When you want to pick it up, you leave the camera on all the way to the police station, so it doesn't matter to you whether things are bad or not. If you do good, you are afraid of being misunderstood, so it's a good thing to pick yourself clean.

It is best not to pick up your hands and regret it, but people who are afraid of losing are in a hurry and are picked up by others. Let reliable people nearby handle it. You've worked hard.