Failure to Return Money Sent by Mistake Constitutes Embezzlement
A man in his 20s who spent a large sum of money mistakenly transferred to his own bank account was sentenced to a fine. Even money transferred by mistake can lead to embezzlement charges if the recipient refuses to return it or uses it as is.
Judge Kim Saetbyeol of the Incheon District Court Criminal Division 11 sentenced defendant A to a fine of 5 million won on the 25th for embezzlement charges.
A is accused of using 20 million won mistakenly transferred by victim B on January 16. At the time, B realized the mistake and immediately reported the erroneous transfer to the financial institution. The financial institution involved also sent a text message to A notifying him of the mistaken transfer, but A ignored it.
It was ultimately found that A used the 20 million won for personal living expenses and loan repayments.
The court explained the sentencing by stating, "Considering the circumstances and details of the crime, as well as the extent of the damage, the case is not minor," but also noted, "The defendant admitted the wrongdoing, showed remorse, repaid the damages, and reached an amicable settlement."
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