The defendant, in case where there is a balance of less than 1,00 won in the virtual account of the victim non-indicted corporation (hereinafter "non-indicted corporation"), the defendant entered the electronic lottery purchase order into the virtual account and deposited the same amount as the amount of money as the amount of the request for lottery purchase into the virtual account. Since the above order for lottery purchase or its substance is an order for lottery purchase or deposit in the virtual account as much as the amount which was entered at the time of the order for lottery purchase, it should be deemed that the defendant entered false information. However, although the defendant purchased lottery tickets in accordance with normal procedure, it is merely a purchase of lottery tickets, and the defendant's act does not constitute any element of the crime of fraud using computer, etc., the judgment below which acquitted the defendant on the ground that the defendant did not constitute a fraudulent information in the crime of fraud using computer, etc., and there is

2. Determination

Article 347-2 of the Criminal Act provides that the entry of false information is objectively contrary to the truth. For example, the bank source inputs false deposited data via a window and increases the balance of the file of the deposit ledger. Examining the record in light of the aforementioned legal principles, if the balance of the virtual account is less than 1,000 won by inputting a bank refund order from the virtual account on the website of the non-indicted company, then the electronic lottery purchase order was entered in the virtual account with an error in the same amount as the deposit of the virtual cash as the deposit amount in the virtual account. The defendant knew of the program error in the above program, and caused the balance of the virtual account through the refund order to be deposited less than 1,000 won by repeatedly inputting the electronic lottery purchase order, but it is difficult to view that the defendant did not know of the fact that there was an error in the program’s penal law that the defendant did not have any authority to use the virtual account, and thus, it is difficult to view that the defendant did not have any authority to use the electronic lottery ticket purchase order and did not have any error in the program deposit order.

3. Conclusion

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

Judges Lee Sung-chul (Presiding Judge)