KO EN
Close

NEWS

2026.02.13

Managing Partner Ohoon Kwon, "Erroneous Bitcoin Transfer: Return in Kind, Not So Simple"

The erroneous Bitcoin distribution incident at Bithumb has brought its internal control risks into sharp focus. Of the mistakenly distributed Bitcoin, approximately KRW 3 billion has already been sold and withdrawn in cash, while around KRW 10 billion was reportedly used to purchase other crypto assets. Bithumb is currently contacting individual recipients to persuade them to return the funds; however, market observers predict that if recovery efforts ultimately fail, the company will have no choice but to pursue legal action.

 

In legal circles, it is widely believed that recovering Bitcoin through charges of misappropriation of lost property may prove difficult, whereas a civil lawsuit seeking restitution for unjust enrichment stands a reasonable chance of success. This view is based on the fact that the event clearly specified prize amounts ranging from KRW 2,000 to KRW 50,000 per person, making it likely that recipients who received Bitcoin worth a significantly larger amount could have recognized the excess as unjust enrichment.

 

Nevertheless, recovery would remain challenging even in such cases. Kwon Oh-hoon, managing partner at Cha & Kwon Law Offices, explained, “While the Bitcoin should in principle be returned in kind, some recipients have already sold it at a low price, which could result in losses for customers depending on fluctuations in market prices.” (서울경제 2026. 02. 09)

 

URL: 비트코인 오지급 빗썸, 시총 급감에 점유율도 흔들 | 서울경제