Earlier quoted context omitted.
That's not how any of this works. If you steal money from the cash register to bet it all on black in Vegas, you're still going to jail even if you happen to hit and be able to return what you took.
Yeah but what if you return 119% of what you took?
https://casetext.com/case/people-v-kotlarz
https://case-law.vlex.com/vid/people-v-haissig-2110726-88540...