Transferred money 'wrongly' and then appropriated

Nowadays, money transfers are done quickly through simple, convenient methods that do not require the sender to go to the bank, reducing time for customers as well as overload at banks. Taking advantage of this method, many people have intentionally "mistakenly transferred" money into other people's accounts, then used all means totricksto seize

Transferring money "wrongly" and then appropriating it. Illustrative photo.

In mid-June 2021, a woman named A. (living in Ba Dinh district, Hanoi) suddenly received more than 45 million VND transferred to her bank account. Late in the afternoon of the same day, a strange Zalo account made friends with Ms. A. and said that the finance company had disbursed her money and told her to become a debtor. Realizing that she had not performed any loan procedures online, Ms. A. went to the police to report the incident. Previously, there was also a case of pretending to "transfer money by mistake" and then asking the victim to log in to the international money transfer service via a link. After filling in the information, the entire amount of money would be appropriated by bad guys.

Regarding this issue, lawyer Nguyen Huu Toai - Hung Dong Law Company Limited said: "Mistaken" money transfer through an account is a rather sophisticated fraud method. If the recipient of the money hastily returns the money to the caller without verifying the bank account number and transfer documents, it will be very complicated. If, after receiving the money, the person to whom the money is transferred does not notify the bank, the police or related parties; then when the account owner who transferred the money by mistake appears and asks the recipient to pay, it will be difficult for them to refuse because the transfer information is saved on the phone and has documents at the bank.

According to Articles 228, 230, 579 of the 2015 Civil Code, when accidentally receiving a strange amount of money from someone with whom one has never had a relationship and has not had any transactions related to this amount of money, the recipient may be considered to be possessing property without legal basis.

Article 174 of the 2015 Penal Code, amended and supplemented in 2017, stipulates: “Anyone who, by fraudulent means, appropriates another person's property worth from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but falls into one of the following cases, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years: Having been administratively sanctioned for the act of appropriating property but still committing the violation; Having been convicted of this crime, not yet had the criminal record cleared but still committing the violation; Having a negative impact on security, order and social safety; The property is the main means of livelihood of the victim and their family; the property is a souvenir, relic, or worship object of special spiritual value to the victim.

Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years: Organized; Professional; Appropriating property worth from 50,000,000 VND to under 200,000,000 VND; Dangerous recidivism; Taking advantage of position, power or taking advantage of the name of an agency or organization; Using cunning tricks; Appropriating property worth from 2,000,000 VND to under 50,000,000 VND but falling into one of the cases specified in points a, b, c and d, clause 1, of this Article.

Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years: Appropriating property worth from 200,000,000 VND to under 500,000,000 VND; Appropriating property worth from 50,000,000 VND to under 200,000,000 VND but falling into one of the cases specified in points a, b, c and d, Clause 1, this Article; Taking advantage of natural disasters and epidemics.

Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years or life imprisonment: Appropriating property worth 500,000,000 VND or more; Appropriating property worth from 200,000,000 VND to less than 500,000,000 VND but falling into one of the cases specified in Points a, b, c and d, Clause 1 of this Article; Taking advantage of wartime or emergency situations.

Offenders may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 1 to 5 years, or have part or all of their assets confiscated”./.