A man in western Japan was sentenced Tuesday to a suspended prison term for computer fraud after he received in error 46.3 million yen ($340,000) in COVID-19 relief money from his town and sent it to a separate account to play in online casinos.
The Yamaguchi District Court gave Sho Taguchi a prison term of three years, suspended for five years. The 25-year-old made the transfer after the town of Abu mistakenly sent to him the sum instead of the planned 100,000 yen last year.
"The defendant committed a crime in order to be in position to gamble in online casinos, and we see in him an attitude that takes lightly of the law," Judge Taku Komatsumoto said in handing down the ruling.
Prosecutors had sought a prison sentence of four years and six months, but Taguchi was given a suspended sentence on the grounds that he expressed remorse for his actions and the full amount was returned.
His defense team, still seeking his acquittal, immediately filed an appeal.
Computer fraud is pursued in cases when one profits illegally by entering "false information" in online banking and other systems.
The focus of the trial had been on whether wiring the money to another account without notifying the bank of the mistake would be considered using false information.
During the trial, Taguchi's defense counsel said he was not required to report the error as the bank had already been notified by the town, and therefore had a right to transfer the money.
Prosecutors cited a Supreme Court ruling that found the act of sending money back without notifying the bank it was mistakenly transferred as deceitful conduct and claimed Yamaguchi's act amounted to computer fraud.
In April last year, after procedures to transfer 100,000 yen in COVID-19 relief money to each of the 463 low-income households in Abu, Yamaguchi Prefecture had been completed, a town official mistakenly submitted to a financial institution a single transfer request of 46.3 million yen to Taguchi, whose name was at the top of the list.
The entire amount was transferred to Taguchi's bank account.
Related coverage:
Japan town recovers most of 46.3 mil. yen mistakenly sent to resident
Japan town recovers 35 mil. yen in mistakenly sent COVID funds
Man arrested for spending mistakenly sent 46 mil. yen in COVID funds
