Oh, honey, no. It's really cute that you think they won't ever pursue you because "it's not justified", but I promise you, if they do pursue you, you'll pay for those man hours and court fees, and so much more.between man hours and court fees, $40 is not justified.
You might look into the concept of "civil demands".
My husband's company pursues ALL shoplifters very aggressively. By the time they got done with the young lady who stole a $5 energy drink, she racked up court costs, attorney fees, anti-shoplifting class fees, fines, restitution, and the civil demand totaling a couple grand. NEVER be so stupid as to believe that a company will not pursue you based on cost alone.

