Counterpart Xu Ting case: man fault 90,000 profit the defendant with ATM-Hudde water, Xu Ting case-IT news Counterpart Xu Ting case: man using ATM fault 90,000 profit the defendant

On October 30, 2013, 25, xiangfan, Hubei province during youth and Yu Deshui worked in Huizhou, Guangdong, from a failed ATM (automated teller machine) illegally withdrawing 94,150 yuan in March this year, Huiyang district, Huizhou city prosecutor's Office for alleged fraud German prosecuting water.

Complaint, Yu Deshui Huiyang district with its postal savings bank of China card in the China postal savings bank counter deposit, due to the counter machine deposits accounted for cash after a successful return, Yu Deshui multiple deposits, illegal "profit" 94150 Yuan.

Due to ATM failure to profit from State-owned bank illegally, it's almost 8 years ago "the case of Xu Ting" clone.

? Cadastral work in Hubei, Guangdong youth who used the ATM fault illegal profits of more than 90,000 yuan, public prosecutor's Office to "fraud" to sue. Mimicking the case "the case of Xu Ting" again.

Why is the "fraud"?

Huiyang district, Huizhou city prosecutor's Office indictment alleges, Huiyang branch after staff found the ATM failures, contact November 3, 2013, in non-fruit de police. Yu Deshui lawyer Huang Xuhui paraphrased saying, "to no avail" call Yu Deshui refers to the Bank, but he did not answer. According to bank documents provided to the Court, did not see the other ways to communicate with Hudde water.

On December 12, lies in the German water police appear in front of when he was home in xiangfan, notch Huiyang District Public Security Bureau economic investigation group is Tang Guohao, Deputy Director of the Office. Yu Deshui on suspicion of theft was detained the same day and put him back in Huiyang, December 25 approval of the Huiyang district Procuratorate, Huiyang District Public Security Bureau in fraud arrests the next day water Hudde.

Huiyang district Procuratorate said defendant Yu Deshui for huge amounts of fraud for the purpose of illegal possession of property, their actions have contravened the provisions of the criminal code, criminal facts are clear, the evidence is true and sufficient, shall be made in fraud investigation of his criminal responsibility, Huiyang district people's Court to the prosecution.

Why is used in the investigation of "theft" when it comes to arrest and eventual prosecution, has become a "fraud"?

Lawyer Huang Xuhui thinks prosecutors learned of Xu Ting's case "lesson", "the same amount of theft fraud sentenced to more than others. "Surging Huang Xuhui told the news," like Xu Ting's first was sentenced to life, causing a great deal of concern, so with consideration of fraud prosecutions have avoided controversy. ”

Xu Ting ATM theft complaint case lawyer Huang Zhixin believes that this insane, because "there is no element of fraud".

Similarly and ATM failures. The evening of April 21, 2006, Shanxi youth working in Guangzhou Xu Ting teller 171 times, amounts to 175,000 yuan, Guangzhou Municipal Intermediate People's Court after hearing that its actions constitute theft, sentenced to life imprisonment by the Guangdong higher people's Court after remand, retrial of March 31, 2008, the Guangzhou intermediate people's Court commuted his sentence to a prison term of 5 years. The end of July 2010, performed well in prison, Xu Ting was paroled from prison.

Attorney: timely return is not held responsible

Huiyang District Prosecutor's Office indictment also alleges that on December 17, Yu Deshui 94150 Yuan returned to the Huiyang branch, Attorney Huang Xuhui paraphrased in German waters is "after the arrest on the next day, on December 13, will have to return all Money Bank."

Lawyer Huang Zhixin considered the case of Xu Ting ATM theft complaints not just banks, telecommunications, electric power monopoly of State-owned enterprises are relatively strong, "if it is a private enterprise, is impossible to happen. ”

Huang Zhixin thought to follow the Taiwan area, "after a similar thing occurs, has been identified as ' unjust enrichment ', by the Bank to recover its amount of unjust, if returned promptly also will not pursue other general liability, because that is what banks have to face the risks. "He's telling surge in news," receiving an invalid case will only take legal means and are often crime of embezzlement. ”

"Put it back in time after being caught, wants the Court to make. "Des distant relative Liu Jianfei told the surging water news, Yu Deshui parents died early, in Huizhou, doing odd jobs to support himself and help 2 younger brothers.

Huang Xuhui said that there had already been a trial in the case, Huiyang District Court with "unclear facts, insufficient evidence" from returning until last week Germany water relatives only learned of the event, to get him a lawyer.

Huiyang District Prosecutor's Office of public prosecution cases pending branch office staff to disclose declined surging on the news reporting of the case.

Huiyang district Procuratorate prosecution information bar displays the Web site, the case will be held on July 9 at 9 o'clock in the morning in Huiyang District Court hearing.