12 years ago, Dongguan Xiong a depositor in a bank account under a false name, and then the real name system to provide false identification to the bank. In 2007, the bank can not be identified as Xiong refused their deposits.
Xiong sued the bank, recently, the Court of First Instance ruling in favor of depositors, the bank deposits of principal and interest to be paid 90 million yuan Xiong.
pseudonym deposit of 90 million yuan to take no
1998, the deposit does not require identity documents, Xiong Dongguan in China Construction Bank, a branch of to open a deposit account. The following years, the Xiong deposited to the account accumulated more than 90 million.
2000 年 4 月 1, China began implementation of deposit real names. Xiong asked people to forge a piece called
last March, Xiong want to withdraw money, the bank information through the online verification system for verification of citizenship,
belstaff leather, determined that , refused to handle the withdrawal procedures.
helpless,
12 families failed to spend 36 million relocation of the village director , said money for the road, Xiong to the Public Security Bureau issued to certify that the Public Security Bureau confirmed that Xiong had for display name is punishment. But banks still to prove its authenticity could not be confirmed on the grounds to refuse to handle.
court to verify the real identity of depositors
May 11 last year, Xiong to the courts to require banks to pay principal and interest on deposits.
June 24 last year,
belstaff brad jacket, the Third People's Court in Dongguan City,
belstaff jacket, the stream was the court hearing the case. During the trial, the banks said that as the recognition is not whether Xiong,
Court of Dongguan City,
belstaff blouson, the third initiative involved the investigation, confirmed that
This is the Court of Guangdong Province, the first name only deposits into the civil trial case
judge reminded the similar process as soon as possible, otherwise the evidence will be difficult to collect
core tips
12 years ago, Xiong for the convenience of a bank under a false name to open in Dongguan, deposit accounts, and gradually into more than 90 million. 10 years ago, China began to implement a deposit real names, Xiong and ######## identity cards of convenience provided to the bank. The end of June 2007,
10 suspects were arrested suspected of engaging in, bank deposits can not be identified as human by the Xiong refused to take deposits.
Xiong helpless on the bank told the court. Recently, the court of first instance verdict, found that the real depositor Xiong, Xiong judgments bank deposits to be paid against the principal and interest of 90 million yuan. Court after the verdict, both sides have expressed obey decision. According to reports, this case is the first Court of Guangdong Province, China Construction Bank's first name only deposits into civil trial cases.
text news correspondent Tang Hongjie Wang Bright
savers
identity has proved justified withdrawal
Xiong said that they use
He believes that since the public security organs have been verified, and I had the original passbook and password, and the bank left, The reason for the money back.
Bank
according to stipulations no fault
banks said that the bank check by the system show Xiong identity work for the bank that is based solely on
bank also said that if Xiong is the real deposit account holders should be provided by real-name system, in the April 1, 2000 after the personal savings for the first time, use their real names to register. Otherwise the banks would not rashly draw for business.
court:
when banks fault identification
court said that under the relevant regulations, financial institutions, in addition check the valid identity card or other identity documents , can take one or more measures, identifying customer identification. But in this case a telephone banking in addition to verification of the Public Security Bureau, but did not take other measures. Banks,
comprehensive survey results confirmed that Xiong is the Depositor's better than no evidence of evidence,
belstaff leather jacket, the Court finds that Xiong is the true account holder.
In addition, the court held that Xiong at April 1, 2000 the deposit does not violate the relevant provisions of acts, so before the date of his deposit in this behavior is effective. The court also found deposits Xiong did not take the initiative to provide identifying information, in violation of mandatory provisions of administrative regulations, after the deposit act null and void. Meanwhile, the court held that the deposits of banks in Xiong did not ask him to provide identification information, should also bear some fault.
court verdict accordingly, finds that Xiong at April 1, 2000 effective deposit into bank deposits should be returned to their principal and interest, and this is invalid after the date of deposit, bank deposits should be returned to its principal, principal and interest of the total deposits of 90 million yuan. The hospital after the verdict, both sides are subject to decisions that did not submit an appeal.
judge reminded:
a similar situation should be handled as soon as possible
case the judge said the case is essentially a problem of conflict of old and new law.
the judge to remind the general public, in the deposit If the first time after this date deposits can be transferred in name real name for the procedure. Otherwise, in name in name of depositors account should be canceled as soon as possible.
try to avoid the passage of time, making it difficult to collect relevant evidence or loss, resulting in not confirm the identity of depositors lost rights.