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published in(发表于) 2017/1/8 9:12:50
Take “lead“ QQ transfer had been cheated 160,000 yuan, accounting was sentenced to 30% responsibility

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Take "lead" QQ transfer had been cheated 160,000 yuan, 30% responsible for accounting was sentenced-Telecom fraud, QQ transfers QQ-IT information

Pretending to be a company leader through QQ transfer request to the finance staff, the Telecom scam was exposed, but someone cheated. Out of such a thing, how should shoulder the responsibility? January 6 the reporter learns, baqiao District Court heard a similar case in XI ' an, 160,000 are crooks go after corporate accounting to court claims. Final judgments of the Court 30% responsibility accounting.

Zhang was originally a company's financial officer, retired in 2013, was rescinded by the company for accounting. On May 4, 2015, a stolen QQ, QQ back after and changed the password. After work on May 6, Zhang received a "Corporation Chief Financial Officer Lee" QQ instructions, asking Zhang to the King, a personal account. An unverified, 160,000 of the accounts of the company and his personal account of 95,000 total of 255,000 yuan three times into the directive account. After the transfer, "Group Finance Director Li" of QQ and QQ contact again, Zhang was suspicious and verified by telephone to the Group Chief Financial Officer Lee, had been deceived. Lee and company are urged to report.

The investigation, 160,000 Yuan has been transferred away, 95,000 were frozen returned Zhang. However the telecommunications fraud has been detected. According to the company's financial processes provides, each payment shall be made by the company Director signed to transfer. Company to a serious violation of the financial system, there is a major fault, seriously damage the interests of the company, take it to court, claims for damages and interest amounted to 161806 Yuan.

Baqiao District Court through the trial, believes that a company's financial officer, duty of care in corporate finance work should be done carefully, and strict adherence to company financial systems and procedures. But Zhang did not verify the status of order payment, indiscreetly transferred a large sum of money to a personal account, also failed to follow the company's financial systems and processes for payment approval, company's losses there are major fault, shall bear corresponding liability for compensation. But businesses should bear certain risks in the operation, a transfer occurs during work hours, although the fault there is no subjective malice, it is not appropriate to strictly according to the degree of fault required compensation. Considering the size, the degree of fault, loss wages, the discretion of the Court losses borne by Zhang 30%, 48000.

January 6 reporters learned that this tort dispute publicly after the verdict, defendant did not appeal, the case has now entered into force.


轻信“领导”QQ转账被骗16万元,会计被判负30%责任 - 电信诈骗,QQ转账,QQ - IT资讯

冒充公司领导,通过QQ向财务人员提出转账要求,这样的电信骗局屡被曝光,可还是有人上当受骗。出了这样的事,责任应该如何承担?1月6日记者获悉,西安灞桥区法院审结一起类似案件,16万元被骗子转出后,公司将会计告上法庭索赔。法院最终判决会计承担30%责任。

张某原系一家公司的财务人员,2013年退休后,被公司返聘为会计。2015年5月4日,张某QQ被盗,后找回QQ并修改了密码。5月6日上班后,张某接到了“集团公司财务总监李某”的QQ指令,要求张某向王某个人账户转款。张某未经核实,便将公司账户的16万元和自己个人账户的9.5万元共25.5万元分三次转入指令账户。转款后,“集团公司财务总监李某”的QQ与张某QQ再无联系,张某这才起疑并通过电话向集团公司财务总监李某核实,方知被骗。李某与公司立即报案。

经查,16万元已被全部转走,9.5万元被冻结后退还张某。然而该电信诈骗案至今未侦破。根据该公司财务流程规定,每笔付款须由公司总管签字确认才能转款。公司遂以张某严重违反财务制度、存在重大过错,严重损害公司利益为由,将其告上法庭,要求赔偿损失及利息共计161806元。

灞桥区法院经审理认为,张某作为公司财务人员,应就公司财务工作尽到谨慎注意义务,严守公司财务制度和操作流程。但张某未核实指令付款的人员身份,便轻率地将大笔款项转至个人账户,亦未遵照公司财务制度和操作流程进行付款审批,就公司损失存在重大过错,应承担相应的赔偿责任。但企业在经营中应承担一定的经营风险,张某的转款行为发生在工作时间,虽有过错但并无主观恶意,故不宜严格按过错程度要求其赔偿。综合考虑损失大小、过错程度、工资收入等情况,法院酌定由张某负担30%损失,即48000元。

1月6日记者了解到,这起侵权责任纠纷公开宣判后,原被告均未上诉,该案现已生效。





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