The Court of Instance of Cambados, in Spain, sentenced a taxi driver to pay a fine of 900 euros after he mistakenly received a transfer of 35.20 euros from a customer and did not return it. The court decision considers that withholding the amount, despite the injured party’s insistent requests, constitutes a crime of misappropriation.
The case dates back to the summer of 2025 and involves a common situation in digital payment methods, but which ended up having relevant legal consequences. The judge understood that the defendant’s conduct went beyond a simple oversight and revealed his intention to incorporate the money into his assets.
A transfer made in error
According to the press release published on the Poder Judicial portal, the amount in question was sent via the Bizum service, in error, to the taxi driver’s number, when the intended recipient was a friend of the customer with the same name. The mistake was only detected after the transfer was completed.
According to the same source, the customer contacted the taxi driver on the same day, explaining the situation and requesting the refund of the amount, a request that he would repeat several times through messages.
The silence that weighed on the decision
The same note states that the taxi driver never responded to contacts made by the customer nor refunded the money, despite being alerted to the error and the identity of the true recipient. In the absence of any response, the injured party ended up filing a complaint with the Guardia Civil in his area of residence, starting the process that would culminate in the now known conviction.
The same source states that the two parties had previously crossed paths, as the client had used the taxi driver’s services to travel between a hotel and Pontevedra train station. At the time, the trip had a total cost of 53 euros. The passenger handed over a 50 euro note and completed the payment with a transfer of three euros, as the taxi driver had no change.
Legal reading of the facts
The judge considered it proven that the defendant, upon receiving the second payment by mistake, decided not to return it, incorporating it into his assets without any intention of refund. The judge also highlighted that the evidence produced at the hearing, including the complainant’s statement and the content of the messages exchanged, was sufficient to rule out the taxi driver’s presumption of innocence.
In addition to the fine of 900 euros imposed for the minor crime of misappropriation, the court determined that the defendant must compensate the client in the amount of 35.20 euros, corresponding to the amount transferred in error. The note released by the Judiciary also states that this compensation is due under civil liability, regardless of the criminal sanction applied, as it is a loss directly caused by the conduct of the convicted person.
Decision still subject to appeal
The sentence has not yet become final. The taxi driver can file an appeal, leaving the possibility of the case reconsidered by a higher court remaining open. Until then, the decision serves as a warning about the legal obligations associated with receiving amounts in error, even when the amounts involved are small.
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