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A court in Santiago, Chile, has ruled that an employee who received an enormous overpayment from his employer and subsequently resigned and disappeared is not required to refund the money and will not face criminal charges.
The verdict, which has sparked widespread international debate, centers on the legal and ethical boundaries of "unexpected windfalls".
The case dates back to May 30, 2022, when a payroll system error at CIAL, a major Chilean cold cut meat producer, resulted in an administrative assistant receiving 165 million Chilean pesos (approximately 1.23 million RMB) instead of his normal monthly salary of 500,000 pesos (about 3,700 RMB).
The erroneous transfer was equivalent to 330 times his monthly salary.
On the day the error occurred, the employee reportedly notified the company's deputy manager of the anomaly and promised to return the excess funds the following morning.
However, three days later, the company received a resignation letter submitted through the employee's lawyer. Subsequent checks revealed that his bank account had been emptied and all his contact methods were deactivated.
CIAL company then filed a criminal complaint, accusing the former employee of "misappropriation of funds" or "theft," charges that could have led to a maximum sentence of 540 days imprisonment under Chilean law.
After a three-year legal battle, the Santiago court delivered its judgment, determining that the employee's actions constituted an "unauthorised collection" but did not amount to a criminal offense.
The judge noted that the funds were transferred proactively by the company without any deceptive tactics from the employee, thus not meeting the legal definition of theft.
The ruling also emphasized that CIAL company shared partial responsibility as it failed to take timely measures, such as freezing the account, to prevent the transfer of funds after discovering the mistake.
The verdict has ignited a heated discussion on social media, with opinions sharply divided. Some argue that the company should bear the consequences of its own financial oversight, while others criticize the ruling for potentially encouraging dishonest behavior.
CIAL company has expressed strong dissatisfaction with the judgment, announcing plans to exhaust all available legal avenues, including appealing the decision or pursuing civil litigation, to recover the funds.
The legal dispute over the 165 million Chilean pesos is expected to continue.
Source: Yangtse Evening Post
*The opinions expressed in the article are solely those of the author.*
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