Is this a scammer or not?

A scammer received 126,000 TON from a whale, worth roughly $220,000 USDT, but later returned 116,000 TON (about $203,000 USDT) and kept 10,000 TON (around $17,000 USDT) as “compensation.”

What happened is that when a whale was about to send coins, they accidentally copied the wrong wallet address from the transaction history. This happened because the scammer had created a similar-looking address and had previously sent a small amount of a coin to it, making it appear legitimate

The whale wasn’t paying attention; he saw the familiar first characters of the address and the last and copied it without checking.
He then sent 126K TON to the scammer by mistake.

When the scammer received the funds, he took 10K TON, then sent back 116K TON and even dropped a message in the transaction saying:

“Sorry, the money is too much. I know it’s your hard‑earned funds.”

🤔 What would you call this kind of scammer?

And if you were the whale. Would you forgive him?