KJV Exodus 22 : 4
If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he shall restore double.
But earlier on in the text it was said that the thief reimburse the owner four or five times depending on what he had stolen which was different from the latter judgement
KJV Exodus 22 : 1
If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.
Seeing that the intention was to deprieve the owner of his property whether it was recovered or not, why then do we have different judgements
Why different judgements in the above texts?