How did the money in Li's deposit account "disappear"?

The money in Li's deposit account was lured by criminals with high interest rates. And tricked Li into depositing the money into the Liyawan Sub-branch of CCB, and then copied Li's "Entrusted Transfer Power of Attorney" to transfer Li's deposit through a third-party deduction platform.

On April 20th, 20 16, Liyawan Sub-branch of Li's Construction Bank handled a debit card and deposited RMB100000, but did not open SMS banking service.

During the trial of the first instance, Li said that he deposited the100000 yuan involved in the case into the Liyawan Sub-branch of CCB at the request of his friend Wei, who works in Everbright Securities. Wei told Li that he wanted the performance of the deposit and asked Li to deposit the deposit in Liyawan Sub-branch of China Construction Bank. The two sides agreed to deposit for half a year and promised to give high interest. On April 201June 14, Li and Wei, an outsider, went to Liyawan Sub-branch of CCB to apply for a current passbook.

Li said that after he deposited the money and articles involved in the case in Liyawan Sub-branch of CCB, Wei immediately paid 620,000 yuan of interest on the money and articles involved in the case to his account opened in Guangzhou Zhujiang Sub-branch of Bank of China by bank transfer.

On August 29th, 20 16, when Li needed to use funds to withdraw money from Liyawan Sub-branch of CCB, he found that there was no money in the above account.

After inquiring about Liyawan Sub-branch of CCB, it was found that the deposits involved had already been transferred to the account of Yinsheng Communication Company, and 200 transactions were intensively transferred to the same account within 5 days.

Extended data

In the final judgment, Li was awarded 4.5 million yuan.

In the second trial, the suspect who defrauded Li was arrested. Combined with the testimony of criminals, the court of second instance held that Liyawan Sub-branch of China Construction Bank violated the obligation of capital security in the savings contract, and Li was also at fault in this case. Therefore, CCB Liyawan Sub-branch and liying bear the losses in this case according to their respective faults.

As far as the bank is concerned, Li's CCB account has 200 funds transferred to the same account within 5 days, but CCB Liyawan Sub-branch has not detected any abnormal phenomenon, which shows that its control system management method is insufficient.

In addition, CCB Liyawan Sub-branch still failed to take measures such as notifying customers of abnormal account behavior and follow up the suspicious payment business process in accordance with the Measures for Handling Small Payment System Business. The personal behavior mentioned by CCB Liyawan Sub-branch also violates the obligation of asset safety care in the deposit contract.

However, the court also held that Li was at fault for the losses in this case, so Liyawan Sub-branch of CCB and liying assumed the losses in this case according to their respective faults.

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