Unexpectedly received money “mistakenly transferred” to the account, what should the account holder do?

Transfer money to the wrong bank account – scam tricks to beware of

Fake wire transfer to fraudulently appropriate property is an extremely sophisticated scam. The trick of bad actors is to intentionally transfer money to someone’s account by mistake.

After the other party receives the money, the subject will pretend to be a debt collector of a financial company to contact, threaten and ask them to return the amount received as a loan along with exorbitant interest.

In another case, the object of fraud transferred money to the victim, then contacted to introduce himself living abroad and wanted to receive the wrong amount of money back.

To return the amount, the recipient of the wrong money transfer must use an international money transfer service via a link. Unexpectedly, after completing the information, the amount in the recipient’s account was withdrawn.

Through some of the above examples, it can be seen that the scam scenario of transferring money to the wrong bank account is extremely unpredictable. At the same time, hitting the kindness of the victims who are gullible and gullible, makes them very easy to fall into traps.

Spending money transferred by others by mistake, has the recipient committed a crime?

According to the provisions of the Civil Code 2015, failure to return the wrongly transferred money will be considered as possessing another person’s property without a legal basis.

In particular, Article 579 of the Civil Code clearly states that a person possessing or using another person’s property without a legal basis must return it to the owner or holder of other rights to such property. ; if the owner or holder of other rights to the property cannot be found, it must be handed over to a competent state agency.

Thus, when someone else transfers money to the wrong account, the recipient should contact the bank to solve it to avoid breaking the law.

If the amount of money illegally seized is less than 10 million VND, the violator will be fined from 02 to 05 million VND (according to point e, clause 2, Article 15 of Decree 167/2013/ND-CP).

If the amount of money illegally seized is over VND 10 million, the violator may be prosecuted for criminal liability for the crime of illegally possessing property specified in Article 176 of the 2015 Penal Code, as amended and supplemented in 2017. .

Accordingly, if using or appropriating an amount of VND 10 – 200 million because it is mistakenly transferred by another person, the performer will be examined for penal liability with a fine of between VND 10 – 50 million or a non-rehabilitation penalty. imprisonment for up to 2 years or imprisonment from 3 months to 2 years.

If appropriating an amount of over 200 million VND by another person mistakenly transferred, the offender may be sentenced to between 1 and 5 years in prison.

Received wrong transfer money, what should the account holder do?

When receiving the wrong transfer money, the recipient should be careful not to use the money for personal expenses and only work with the bank to return the money to the wrong sender, absolutely do not transfer the money back to strangers. in the absence of a third party witness.

People can actively contact the bank to notify about the wrong transfer or wait for a bank representative to contact.

If you receive a phone call from your bank, you need to check that it is the correct phone number for the bank. To be more sure, account holders should still go to the bank to work in person.

In case the wrong amount transferred is of small value, the account holder can ask the bank to provide a statement, then compare it with the information received and proceed to re-transfer.

For large amounts, the account holder should arrange a time to go directly to the bank branch to perform verification or even contact the police for settlement.

Absolutely do not provide confidential information such as: Account access password, One-time transaction password (OTP) to anyone (including someone claiming to be a bank employee) and in any other form. and be wary of requests to access website links, log in, provide account information, and personal information.