.... if you think so, then you cannot look for those who steal money from credit cards, those who spread viruses and botnets, those who Rob banks. They all found holes in the system, the rules created by other people and use them for personal gain. They always find flaws in systems and rules, and always will be. All programs, smart contracts, etc are created by people, they will ALWAYS be holes. No need to talk about some ideal system, they say it is a problem of the DAO that it was a hole. Holes will always and everywhere, we live in an imperfect world. Perfect code? Ask any programmer can write something more complicated calculator without a single bug, and if he has at least a few years of experience, the answer will be negative. I know whereof I speak.
So if you found a hole and took the money not belonging to you, you're a thief. Don't you agree? Then do it and then tell the court that you are not a scammer. Read the definition of the word...