Transferring money by 'mistake' and then misappropriating it.

Nowadays, money transfers are done quickly through simple and convenient methods, eliminating the need for senders to go to the bank, saving customers time and reducing congestion at banks. Taking advantage of this method, many people intentionally "mistakenly" transfer money to other people's accounts, then use it in various ways.trickto seize it.

Money was transferred "by mistake" and then misappropriated. (Illustrative image.)

In mid-June 2021, a woman named A. (residing in Ba Dinh district, Hanoi) suddenly received over 45 million VND transferred into her bank account. Late that afternoon, a strange Zalo account befriended Ms. A. and claimed that a financial company had disbursed the money, making her a borrower. Realizing she hadn't applied for any online loans, Ms. A. reported the incident to the police. Previously, there have been similar cases of people pretending to "mistakenly transfer money" and then asking victims to log into an international money transfer service via a link. After filling in the information, the entire amount is then stolen by these scammers.

Regarding this issue, lawyer Nguyen Huu Toai from Hung Dong Law Firm stated: Transferring money "by mistake" is a rather sophisticated scam. If the recipient hastily returns the money to the caller without verifying the bank account number and transfer documents, it can become very complicated. If, after receiving the money, the recipient does not report it to the bank, the police, or other relevant parties, then when the account holder who mistakenly transferred the money appears and demands payment, the recipient will find it difficult to refuse because the transfer information is saved on their phone and there are bank records.

According to Articles 228, 230, and 579 of the 2015 Civil Code, when someone unexpectedly receives money from a person with whom they have no prior relationship and no prior transactions involving this money, the recipient may be considered to be unlawfully possessing the property.

Article 174 of the 2015 Penal Code, as amended in 2017, stipulates: “Anyone who, by fraudulent means, appropriates the property of another person with a value ranging from VND 2,000,000 to less than VND 50,000,000, or less than VND 2,000,000 but falls under one of the following cases, shall be punished with non-custodial correctional measures for up to 3 years or imprisonment from 6 months to 3 years: Having been previously penalized for administrative violations related to property appropriation and committing the offense again; Having been convicted of this crime and not yet having their criminal record expunged and committing the offense again; Causing adverse effects on security, order, and social safety; The property is the main means of livelihood for the victim and their family; The property is a memento, relic, or religious object of special spiritual value to the victim.”

Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 2 to 7 years: Organized crime; Professional crime; Appropriation of property valued from VND 50,000,000 to less than VND 200,000,000; Dangerous recidivism; Abusing official position, authority, or the name of an agency or organization; Using cunning tactics; Appropriation of property valued from VND 2,000,000 to less than VND 50,000,000 but falling under one of the circumstances specified in points a, b, c, and d of Clause 1, Article 1 of this Article.

Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 7 to 15 years: Appropriating property valued from VND 200,000,000 to less than VND 500,000,000; Appropriating property valued from VND 50,000,000 to less than VND 200,000,000 but falling under one of the circumstances specified in points a, b, c, and d of Clause 1, Article 1 of this Article; Taking advantage of natural disasters or epidemics.

Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 12 to 20 years or life imprisonment: Appropriating property valued at 500,000,000 VND or more; Appropriating property valued from 200,000,000 VND to less than 500,000,000 VND but falling under one of the circumstances specified in points a, b, c, and d of Clause 1, Article 1 of this Article; Taking advantage of wartime circumstances or a state of emergency.

Offenders may also be fined from VND 10,000,000 to VND 100,000,000, prohibited from holding office, prohibited from practicing a profession or performing a specific job for 1 to 5 years, or have part or all of their assets confiscated.