第三方支付公司是否该为电信诈骗“消失的钱”负责？听金融法官讲

Core Viewpoint - The rapid development of internet finance and the integration of third-party payment companies with online investment platforms have created convenient investment channels for consumers, but also highlighted security issues related to fund safety, particularly in cases of telecom fraud [1] Group 1: Case Background - In September 2017, an individual named Yang invested 3.12 million yuan through a third-party payment company, believing he was engaging with a legitimate investment platform, but the funds were redirected to problematic merchants due to unauthorized link redirection [2] - Yang managed to recover 1.28 million yuan but lost 1.84 million yuan, later receiving 70% of the remaining amount through a settlement agreement with the payment company [2] Group 2: Legal Findings - The Beijing Financial Court identified two main violations by the third-party payment company: allowing transfers between non-matching accounts and failing to monitor merchants' business activities effectively [3][4][7] - The court concluded that the payment company exhibited "surface compliance but substantial negligence," leading to a ruling that it should only bear 70% of the compensation responsibility [8] Group 3: Consumer Responsibility - The court emphasized that Yang, as a financial consumer, did not exercise due diligence in verifying the legitimacy of the investment platform and the recipient of the funds, which contributed to his losses [8][9] - The judge advised consumers to keep transaction records and evidence, report any anomalies immediately, and carefully read settlement agreements to avoid losing rights while seeking compensation [10]