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编辑同志: 2001年10月 29日(星期一)上午,约8点50分左右,天宇商贸有限责任公司周女士前来我处办理转账业务(转账支票出票方即付款人在我行开户,为某劳保福利供应处,金额67200元),因当时机器发生故障不能正常办理,但该客户急切地要求银行尽快办理。工作人员出于“急客户之所急”的思想,手工核查后给转账回单盖上转讫章交于客户。9点零5分,机器恢复正常,工作人员记账时发现付款单账面余额不足,不能付款。于是,我行立即给该有限责任公司打电话,通知其回单已作废,并派经办员前往告知此事,同时向其索要回单。在多次索要无结果后,我们又书面通知其转账回单已作废,对方已签收。事情经查核,是天宇商贸有限公司收诈骗团伙空头支票将货物付出后,把被骗的责任推到银行,向银行索赔。请问,这种要银行来承担诈骗损失的行为是否符合法律依据? 某商业银行分理处
Editorial Comrades: On the morning of October 29, 2001 (Monday), about 8:50 am, Ms. Zhou from Tianyu Trading Co., Ltd come to our office to handle the transfer business (ie, the sender of the bill of exchange is to open an account with our bank, For a labor insurance benefits Department, the amount of 67,200 yuan), because of the failure of the machine can not be handled normally, but the urgently requires the bank to apply for the bank as soon as possible. Staff out of “urgent customer urgency,” the idea of hand-check to the transfer back cover turn chapter chapter turn to the customer. At 9:05, the machine returned to normal, and the staff member found that the balance of the debit note was not enough and could not be paid. As a result, we immediately called the limited liability company to inform the receipt has been invalidated, and send operators to inform the matter, at the same time to ask for a return. After many requests for no result, we also notify in writing that the transfer receipt has been canceled and the other party has already signed the receipt. Things have been checked, Tianyu Trading Co., Ltd. fraud fraud deceive the organization to pay the goods, the responsibility to be cheated pushed to the bank to the bank claims. Excuse me, such a bank to bear the loss of fraud behavior in line with the legal basis? A commercial bank branch