Mr. Kim's experience is by no means a case. The day before yesterday, Weibo, a well-known netizen "Xiamen Menlang", said that his bank card had been stolen for tens of thousands of yuan recently, which immediately caused many netizens in Weibo to forward and respond. Many netizens have said that they have had similar experiences.
According to the data of Guangdong Higher People's Court, the number of complaints lodged by 201kloc-0/to Guangdong People's Bank is nearly nine times that of the previous year. 1 Up to July this year, there were 13096 new credit card disputes in the courts of the whole province, up 17.30% year-on-year.
The dispute caused by "Kronka" has become a new problem in civil and commercial trials, and it is on the rise. The Nanfang Daily reporter found that the reason why the bank card was stolen was that the card was copied, and a device called "bank card copying machine" was publicly sold online.
Stealing cards but spending them in different places.
In the past two months, this newspaper has received such reports 10, involving more than 500,000 yuan, most of which are cases of bank cards being stolen in different places.
At about 0: 30 on August 26th, Mr. Jin, who lives in Tianhe District, was having lunch when his mobile phone suddenly received a short message, prompting that his debit card of ABC had been withdrawn for 3,000 yuan. Mr. Jin hasn't reacted yet. A short message suggests that Cary has withdrawn another 3,000 yuan. This made Mr. Jin panic.
Less than an hour later, Mr. Jin received text messages saying that his bank card withdrawal and consumption amount was 1 15700 yuan. Text messages came from eight banks, including Minsheng Bank, China CITIC Bank, China Merchants Bank, Industrial Bank, Bank of China, Agricultural Bank, Industrial and Commercial Bank of China and Bank of Communications. Mr. Jin immediately called the customer service of various banks to confirm that the bank card was indeed withdrawn and immediately called the police.
Mr. Jin learned through bank customer service inquiry that all eight bank cards were cashed out in Humen Town, Dongguan. Mr. Jin said that he had never been to Humen, nor had he disclosed his bank password to anyone. "I don't know how the bank card was stolen and swiped at the same time. The card was always on me. Usually use the card very carefully. It is impossible to reveal the password. Suddenly disappeared 1 1 more than ten thousand dollars! "
On September 3, Mr. Jin received a phone call from China Merchants Bank, promising to fully compensate the stolen brush money 13000 yuan, which will arrive at the latest on the 22nd of this month. However, other banks expressed the hope that Mr. Jin would solve the matter through legal channels.
Mr. Jin is worried about whether he can get the stolen money back. Mr Kim is not the only one who has the same concern.
In February of this year, Mr. Wu of Haikou reported to the police that 654.38+0.05 million yuan in his card was stolen. After investigation, this 6.5438+0.05 million yuan was stolen from a jewelry store in Panyu, Guangzhou, and all the money in the card was used to buy jewelry.
Mr. Wu took the bank card bank to court, arguing that the bank has the obligation to ensure the safety of the money when users deposit money in the bank. The money in the account was mysteriously stolen and the bank was abandoned. At present, the results of the case have not been announced.
On July 17, Ms. Zhu of Guangzhou was stolen from a different place for 5.96 million yuan without leaving her card, which became the biggest credit card fraud case in Guangzhou in recent years. Due to the rapid action of the police, the case was quickly cracked and all the property was recovered for Ms. Zhu.
The reporter learned that in recent years, such cases have become a high-incidence trend in all parts of China. Nanfang Daily received such reports 10 in July and August this year, involving more than 500,000 yuan, most of which were stolen from other places.
Cloning and copying equipment costs 7000 yuan.
In less than a minute, a "Koronka" was born. As long as criminals get the password of the bank card, they can change the original card for cash withdrawal and consumption.
A few days ago, Nanfang Daily reporter called Guangdong Banking Regulatory Bureau about the bank card being stolen in different places. The staff of the bureau said that bank cards were stolen from time to time, mostly because bank cards were copied.
The reporter learned that there are many merchants selling a device called "bank card copying machine" on the Internet. As long as you swipe the bank card through the micro card reader, you can read the information in the card at 1 sec, and then copy the information in the card to another blank card through a software. In this way, in less than a minute, a "Koronka" was born.
The reporter searched online for "bank card copying machine" and found more than 450,000 pieces of relevant information, among which there are many businesses selling copying machines hidden in some blogs and forums. The reporter contacted a merchant named "Dong Peng Technical Consulting Service Department" and claimed that he wanted to buy a "bank card Replicator". The merchant said that a set of equipment costs 7,000 yuan, including magnetic card reader, collector, blank card, bayonet grinder, CD-ROM, miniature HD camera and operating instructions. "If you need a large quantity, you can also get a discount."
The reporter said to buy 20 sets. Finally, after bargaining, the merchant gave the reporter a price of 4000 yuan. In addition, the reporter also consulted several other businesses at the same time, and the prices were mostly between 7000- 10000 yuan. When the reporter inquired about its inventory, the merchant said, "I will provide as much as you want", and said that many people in China are selling this kind of equipment at present. "We supply for a long time, and sometimes we can sell dozens or twenty orders a day."
The staff of the provincial banking regulatory bureau pointed out that criminals stole and took bank card information by installing copying equipment on ATM machines or self-service banks, then made fake cards and stole and swiped bank card passwords by taking photos.
"Some non-criminals cooperated with merchants to steal bank card information by installing a' card thief' on POS terminals. There are also criminals who use various scorpions through telephone banking to let users turn on hands-free during the call, record password keystrokes, and analyze passwords with professional audio software to achieve stealing. "
"As a strong party, banks should have the conditions to identify fake cards. Why can't they identify Kronka? Why do banks make huge profits on credit cards but leave the risks to the public? Supervise the replacement of bank cards; G. Longka successfully withdrew cash and transferred money. Should banks take full responsibility? " The well-known netizen "Xiamen Menlang" publicly raised four questions about the bank in Weibo.
A lawyer surnamed Zhang, who specializes in bank card dispute litigation, told reporters that there are blind spots in such cases at present.
"Banks have established a deposit contract relationship with depositors, and banks have the responsibility to identify fake cards and protect depositors' property from damage. However, if depositors sue banks for intentional negligence, rather than human negligence, they must produce evidence to prove their claims. If he can provide relevant evidence to prove that the password was indeed stolen, taken or stolen in the banking system, the bank must bear full responsibility. However, in the process of proof, we often encounter many difficulties. Therefore, in actual litigation, most depositors will lose. "
Jin Hao, a lawyer of Guangdong Derby Law Firm, said that if citizens find the abnormal outflow of account funds through SMS at the first time, they should immediately go to the nearest consumer place or bank to conduct small transactions, so as to fix evidence to prove the facts. At the same time, you should call the police at the first time and report the loss to the bank. Once the police catch the suspect, they can prove the fact that the depositor was stolen.
At present, there is no clear stipulation on the "Kronka" case in domestic legislation, and it is difficult for the stolen party to prove that there is no human error leading to password leakage, so there are not many cases in which the stolen party completely wins the case. According to an industry survey, in the two time periods of 20 10 and 20 1 1, most of these cases were awarded to banks for 50%-80% responsibility. By this year, the number of cases in which banks were sentenced to bear full responsibility began to rise.
It is urgent to prevent the promotion of new financial IC cards.
The full implementation of financial IC cards can not only effectively reduce the losses caused by "Koronka", but also increase the scale of production and procurement, which will also drive down product prices.
Some insiders pointed out that with the upgrading of pirated technology, it is getting easier and easier to get a license. In the face of such rampant theft, banks should bear unshirkable responsibilities.
It is understood that most domestic bank cards are magnetic stripe cards, but in developed countries such as Europe and America, magnetic stripe cards have been eliminated and replaced by ic cards that are extremely difficult to copy. It is understood that the new generation financial IC card can store personal information such as keys, digital certificates and fingerprints. The card has read-write protection and data encryption protection, which is extremely difficult to copy and more secure.
As early as 2005, China promulgated the China Financial Integrated Circuit (IC) card specification, but it has not been fully popularized.
According to the reporter's understanding, at present, the average cost of ic card is 20 yuan, while the cost of magnetic stripe card is less than 1 yuan, and the cost of IC card is 20 times that of magnetic stripe card. Such a large cost gap also leads banks not to try their best to promote IC cards.
According to the person in charge of a state-owned bank, the key problem is that IC cards are not widely used. At present, the domestic magnetic stripe card trading system is not compatible with ic cards, and it takes a lot of money to replace the corresponding terminal equipment. However, most consumers have not fully understood IC cards, so it is difficult to popularize them.
According to the statistics of China UnionPay, there are currently about 365,438+billion bank cards issued nationwide. If a large-scale card replacement is implemented, the cost involved is about 50 billion to 60 billion yuan. According to the regulations of CBRC, the cost of replacing bank cards should be borne by banks.
Yesterday, the reporter learned from China Construction Bank that at present, the bank can handle IC cards, but it cannot replace the original magnetic stripe cards. "Most people don't know. Unless otherwise specified, we will handle the magnetic stripe card by default. " ICBC and BOC said that IC cards have been gradually implemented, and specific matters need to be asked at the counter.
The central bank recently announced that all commercial banks in China will issue financial IC cards from 1 next year, and all newly issued bank cards should be financial IC cards from 20 15 1. In March last year, the central bank has fully started the migration of bank magnetic stripe cards to ic cards. State-owned banks such as industry, agriculture, China, construction, communications, China Merchants Bank and Postal Savings Bank have started to issue financial IC cards. It is estimated that 800 million financial IC cards will be issued during the Twelfth Five-Year Plan period. According to statistics, as of the first half of this year, more than 45 million financial IC cards have been issued nationwide, an increase of 20.7 million over the end of last year, with an increase of 85%.
The person in charge of the state-owned bank said that the full implementation of financial IC cards can not only effectively reduce the losses caused by "Koronka", but also the expansion of production and procurement scale will lead to the decline of product prices. The popularization of IC cards is a gradual process, and it will take 5 to 10 years to completely stop the use of magnetic stripe cards.