On August 26, 2016 (July 24, 2016 in the lunar calendar), a woman's bank card was stolen and her bank was awarded full compensation. These days, there are too many scammers that are hard to guard against. Suppose one day, the money in your bank card is continuously stolen. Have you ever thought that the bank will compensate you for the money? Xiaobian is not joking with you, but talking about a real news story. Have you ever thought that the bank will compensate you for this money? Xiaobian is not joking with you, but talking about a real news story. On October 11, 2016, some media released such a report that a swift-swiping gang sent people to work as waiters in an undercover restaurant and swiped 2.54 million yuan from a Nanjing citizen's bank card. The reporter learned that the citizen sued the card issuing bank, claiming that the bank's failure to fulfill its transaction security obligations constituted a breach of contract, and requested the court to order the card issuing bank to compensate the loss of more than 2.54 million yuan. A few days ago, the Nanjing Qinhuai Court supported the citizen's claim in the first instance and ruled that the bank would compensate the full amount of 2.54 million yuan in losses and pay corresponding interest. The court held that this case proved from one aspect that there were certain security risks in the bank card system, and that the bank itself had management omissions and mistakes. Banks should protect the legitimate rights and interests of depositors. In the face of the phenomenon of using fake cards to maliciously withdraw depositors 'deposits in society, Technical loopholes should be repaired in a timely manner and relevant technologies should be upgraded. More than 2.5 million yuan of bank cards were stolen in the middle of the night. From 0:19 to 0:22 on August 26, 2016, Ms. Ji, a citizen of Nanjing, successively received 4 text messages from a bank informing her that her bank debit card account had been consumed four times. The amount of each consumption was 990,000 yuan, 999,900 yuan, 499,900 yuan, and 54,000 yuan respectively, totaling 2543890 yuan. In order to determine the authenticity of these text messages, Ms. Ji quickly checked the balance of her bank card and found that these transactions had indeed occurred. There were only more than 2 million yuan in cash in her card, leaving only more than 800 yuan. The extremely anxious Ms. Ji immediately called the bank to negotiate and called the police. At this time, Ms. Ji, who was completely sleepy, thought that she should explain the matter to the police face to face as soon as possible, and rushed to the Daguang Road Police Station. To be on the safe side, on the way to the police station, Ms. Ji also withdrew 100 yuan from a roadside bank teller machine to prove that the bank card was with her when the incident occurred. "This card was always in my hand, and I was sleeping at home when the incident occurred. It was impossible for me to spend these four transactions." Ms. Ji told the police. What should I do if my bank card is stolen? Two white female waitresses became suspected targets. In order to help the victim recover losses, Nanjing police immediately contacted the bank to urgently stop payments and track the whereabouts of the funds. However, because the incident was early in the morning and the bank was not working, it caused great difficulties to stop emergency payments. Obviously, the cunning suspect was deliberately avoiding police investigation. Further investigation found that the suspect used two POS machines to steal bank cards, one in Qingdao, Shandong Province and the other in Xuzhou, Jiangsu Province, and the two POS machines belonged to two different banks. After the money entered the bank card bound to the POS machine, it was transferred to multiple bank cards in a short period of time. After that, it was cashed out through an ATM machine in Guangzhou. Through investigations into POS machines in the two places, the police arrested two suspects. The two opened fake shops and sold POS machines to theft gangs, earning only thousands of yuan from them. By sorting out the amount of money spent on Ms. Ji's stolen bank card in recent months, the police found that one of the money was consumed at a restaurant in Xinjiekou. Police investigation and learned that after Ms. Ji spent the meal, two female cashiers in the restaurant suddenly disappeared without even asking for wages. After investigation, both women were born in Guangdong Dianbai. Thinking of the fact that Xuanwu police had previously arrested a Guangdong Dianbai employee who hired a cashier in a restaurant and waited for an opportunity to steal consumer bank card information, the police basically determined that Ms. Ji's bank card information was leaked through this channel. How to recover a stolen bank card? The scammer undercover worked as a cashier to steal bank card information. After tracking down the two retired female cashiers, the police found that they had arrived in Guangzhou, coinciding with the withdrawal place where the stolen money was swiped. At this point, a major breakthrough was made in the case. The police officers of the special case team who rushed to Guangzhou, with the assistance of the local police, found out the crazy night when the criminal gang swiped Ms. Ji's bank card. That night, the gang leader Xu Moumou opened two rooms, with three people in each room. One person was responsible for swiping the card, the other person was responsible for transferring money, and the other person was responsible for supervision. At the same time, people are also arranged to watch the wind in the hotel lobby. Outside the hotel, there was a withdrawal group of about eight people. They ran through ATM self-service machines in the streets and alleys of Guangzhou, withdrawing money scattered on various bank cards. According to investigation, Xu Moumou, a native of Dianbai in Guangdong Province, commanded Xu and Wang, the two women mentioned above who left without saying goodbye, to go out to apply for a cashier and took the opportunity to steal bank card information while customers swiped their cards. He was responsible for making a copy of the card based on the stolen information. Liang Mou from Guangzhou and Wang Moumou from Henan are intermediaries, helping Xu Moumou purchase POS machines and recruit withdrawals. There are also many of Xu Moumou's spies. Soon, the police arrested Xu Moumou and other 12 main suspects from Guangzhou, Maoming, Shanghai, Changchun, Changsha and other places. After being arrested, Xu Moumou confessed the facts of his crime. How can we protect our rights when there are loopholes in bank cards? The victim sued the bank for full losses. While the police nervously arrested the suspect, Ms Ji also sued the issuing bank of the debit card to the court of Qinhuai District, Nanjing. Ms. Ji believes that she has established a savings and deposit contractual relationship with the bank. As a professional institution operating deposit and loan business, the bank's failure to fulfill its transaction security obligations constitutes a breach of contract and should be liable for compensation. The court was requested to order the defendant's bank to compensate himself for economic losses of 2543890 yuan and interest, and to bear the litigation costs. So, is it reasonable for Ms. Ji to sue the bank? After all, it was Ms. Ji herself who swiped her card at the hotel and did not seem to have a direct relationship with the bank. In this regard, the bank argued in court that the card information and password were leaked from Ms. Ji, and that the theft of her account did not occur within the scope of risk prevention such as bank premises or ATMs. The bank's security obligations should not be infinitely amplified, and completely ignored Ms. Ji's obligation to protect card information and password as a cardholder; No matter how complete the bank's system and technical means are, it is impossible to avoid the leakage of card information caused by Ms. Ji's passing over the card to others. Moreover, the card involved in the case was consumed based on a password. The password was only known to Ms. Ji and was also the last card's protection. Measures, but Ms. Ji neglected to protect the password, which shows that Ms. Ji herself was at fault. This case is a criminal case and should be suspended until the criminal case is completed before handling it. Stuck, money flies? Why did the court award more than 2.5 million yuan to the bank? After hearing the case, the Qinhuai Court held that the processing process of criminal cases did not affect the trial of civil cases and did not fall under the circumstances of suspension of civil cases. According to relevant laws and regulations, protecting the safety of depositors 'deposits is both a legal obligation and a contractual obligation of commercial banks. Banks should provide complete technical equipment, including bank cards that are difficult to copy and transaction terminals that can identify copied cards, and should ensure that depositors' data information is not Illegal theft and use it to ensure the safety of funds in the card. Secondly, banks, as financial institutions, should protect the legitimate rights and interests of depositors as financial consumers. Faced with the phenomenon of using fake cards to maliciously withdraw depositors 'deposits in society, they should promptly repair technical loopholes and upgrade relevant technologies. The stolen terminal equipment in this case should be regarded as card swiping equipment provided by the bank. The bank cannot transfer the deposit security obligation that should be borne by the bank to Ms. Ji on the grounds that the transaction involved is a business handled using a password. The court also held that the suspect's behavior of using fake cards for consumption also proved from one aspect that there were certain security risks in the bank card system, indicating that the bank itself had management omissions and negligence, and should not be regarded as Ms. Ji's own behavior, nor should it be regarded as the bank has fulfilled its obligation to pay deposits to her as agreed in the contract. According to the principle of relativity of contract, even if a breach of contract is caused by the liability of a third party, the party to the contract, that is, the bank, shall still be liable for breach of contract. After fulfilling its civil liability for compensation, the bank also obtains the right of recovery, and can claim additional recovery from the person holding the counterfeit card theft or other relevant responsible parties. If the bank fails to provide evidence that Ms. Ji failed to properly keep or reasonably use her bank card and password, it shall bear the legal consequences of failing to provide evidence. Combined with the existing police investigation results, it cannot be concluded that Ms. Ji was at fault for leaking the bank card information and password involved in the case. Based on this, the Qinhuai Court ordered the bank in the first instance to compensate Ms. Ji for economic losses of 2543890 yuan and pay corresponding interest. The case acceptance fee was halved and borne by the bank. The bank itself has management omissions and should not let users pay the bill! Praise for supporting the court's decision!