August 6th news: Recently, the Yangpu District court together to remit money to also request error case, because the plaintiff provides insufficient evidence, the court verdict rejected the plaintiff requests.
in February this year, Deng Xiansheng to the court, a month ago, he through the mobile phone bank for remittance, 50000 yuan false will themselves into account not careful to Miss Zhang account. Because Miss Zhang worked as a real estate intermediary collecting after Mr. Deng's rent, so Mr. Deng phone banks kept Miss Zhang account information, transfer, due to not see remittance account, the exchange wrong account "Oolong events".
Mr. Cheap Phillies Hats Deng said, he immediately telephoned Miss Zhang to confirm the situation and demanded the return of funds, but it refused, Deng Xiansheng called the police. In the trial, he showed alarming material related and a plurality of mobile phone text messages to the court. Mr. Deng said mobile phone short message is sent by Miss Zhang's husband own, in the message, Miss Zhang husband promised to be part of the money into Mr. Deng account.
, the court found that in January this year, Deng Xiansheng from his bank account to a continuous forest transfer 30000 yuan, miss Xiang Zhang remittance 50000 yuan, 4 times in a row to Mr. Deng I construction bank account remittance 50000 yuan respectively 3 times and 1 times the 200 yuan. Among them, 50000 yuan 50000 yuan to Miss Zhang Hui is Mr. Deng said mistakes of remittance. Remittance on the same day, Deng Xiansheng did to the public security organ to the police.
after the court that the focus of the dispute lies in whether the 50000 yuan for misuse. First of all, through the mobile phone bank transfer, to account in the selection, will display the transaction information for verification, and in the day of the incident, Mr. Deng repeatedly by the same bank account within different remittance, and continuously to the rest of their bank account remittance 4 Cheap Angels Hats times, should pay attention to the recognition of information each other. Secondly, a paragraph on the same day, although Deng Xiansheng reported to the police, but are Mr. Deng own statement error collect facts, without confirmation by the Miss Zhang, or the public security organ to them, Cheap Marlins Hats and the public security organs did not put on record. Finally, Deng Xiansheng provides a message can only Cheap Mets Hats prove that number machine send SMS Lord had promised money is deposited into Mr. Deng's account, and can not effectively prove that Mr. Deng mistakenly collected 50000 yuan.
therefore, the courts difficult fact error exchange 50000 yuan of Mr. Cheap Royals Hats Deng to Miss Zhang account. In view of this, the court suggested that Mr. Deng to withdraw the prosecution, to be sufficient evidence to prosecute, and Mr. Deng insisted on the court judgement. The court rejected the appeal.
没有评论:
发表评论