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    October 29

    假若银行写明"现金当面点清,离柜概不负责",拿到ATM机多吐的钱就算合法得利

    理由简述如下:
    银行柜面假若标示“现金当面点清,离柜概不负责”字样,即应该认定该条款为对双方都有法律效力之意思表示,ATM全称automatic teller machine中文即自动柜员机,“现金当面点清,离柜概不负责”对自动柜员机上之交易当然有效,因此即使当事人明知ATM多吐钱而蓄意取款,其目的也只能是试图依双方约定而合法获得利益,其行为为当然的合法,利益取得也合法,故既不能被认定为盗窃,其取得的利益也不能被认定为不当的利。其目的,手段,方法,和所获利益皆合法。

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