Mistaken 6,000 baht transfer sparks legal debate

A case of a mistaken money transfer involving 6,000 baht has surfaced, with the recipient offering to repay just 10 to 20 baht per day. The incident has drawn significant attention, including comments from a well-known lawyer.

A Facebook page named อยากดังเดี๋ยวจัดให้ รีเทริน์ part 7 (I will make you famous) posted a clip of a conversation between the victim and the unintended recipient. The victim mistakenly transferred 6,000 baht to a woman in Kamphaeng Phet Province. Upon realising the error, the victim contacted the woman, who countered by offering to repay the money at a rate of only 10 to 20 baht per day.

The victim explained that after erroneously transferring the money, they filed a report at the Koh Hong Police Station in Hat Yai and informed Bangkok Bank in Songkhla. The bank provided the phone number of the person who received the money.

Upon contacting the number, the woman’s husband answered, explaining that his wife was working a night shift at a sugar factory in Kamphaeng Phet. The bank employee requested the husband to ask his wife to return the money.

He suggested calling after 8pm to speak with her directly. Following this interaction, the bank informed the victim that they would contact the Kamphaeng Phet branch to have the woman sign a consent form within two weeks.

The bank then provided the husband’s phone number, but repeated calls went unanswered. After two days, the victim’s partner managed to reach the husband, who claimed his wife was at the market and abruptly ended the call.

Concerned about the status of the funds, the victim contacted the bank again and discovered that the woman had already withdrawn the money.

Subsequent attempts to reach the woman were unsuccessful. Consequently, the victim filed a police report and tried to locate the woman in Kamphaeng Phet. They found her mother, who facilitated a conversation with her daughter. The woman refused to return the money immediately, instead proposing to repay it in daily instalments of 1 or 20 baht.

Legal advice

Lawyer Decha Kittiwittayanan addressed the situation on his Facebook page ทนายคลายทุกข์ (lawyer relief). He highlighted the legal implications of such a case.

“Transferring money to the wrong account and the recipient offering to repay 10 to 20 baht per day – what do you think? If the money is not returned, it constitutes embezzlement, punishable by up to one year and six months in prison.”

Decha further explained the legal framework under Section 352 of the Criminal Code, which stipulates that anyone who receives money by mistake or due to a misunderstanding is obligated to return it immediately.

Failure to do so is considered embezzlement, carrying a penalty of up to one year and six months in prison or a fine of up to 30,000 baht, or both, reported Sanook.

Decha urged the police to issue a summons for the suspect to acknowledge the charges, emphasising that law enforcement should act promptly and uphold their duty to protect the public without delay.