On January 4, 2009, at the defendant's house located in Gangseo-gu Seoul Metropolitan Government ( Address omitted), the defendant used the defendant's computer to access the defendant's ID and password to the defendant's Internet site (Internet address omitted) of the non-indicted stock company (Internet address omitted). The defendant, upon entering the electronic lottery purchase order into the virtual account, knew that the program error (e.g., Air Code 301) occurred when it comes to the virtual account and the virtual cash is deposited in the same amount as the virtual bank's request for the purchase of the lottery. The defendant, knowing that there is a balance of less than 1,000 won in the virtual account despite the fact that there is an electronic lottery purchase order, so that the virtual cash is deposited from 100 won to 1,000 won to his virtual account, and around 10:13 of the following day, he received the order from 00 won to 100 to 1,000 won from the above virtual account and received the order from 100 to the virtual account.

In addition, from around that time to around March 14:39, 2009, the Defendant induced program errors in the same way in the same way as the above in the inside bank, deposited KRW 18,123,80 to the above virtual bank account, and received KRW 9,828,650 among them, and purchased the remaining KRW 8,295,150 to the above bank account.

Accordingly, the defendant acquired economic benefits equivalent to 18,123,80 won by inputting false information into computer and other information processing devices.

2. Determination

A. Article 347-2 of the Criminal Act provides that a person who acquires any benefits to property or causes a third party to acquire them, by inputting a false information or improper order into an information processing device, or inputting or altering the information without authority, shall be punished.

(1) The phrase "influence of false information" means not only the act of inputting false information without authority but also the act of inputting false information by the competent person, such as the act of inputting false data into a counter terminal and increasing the balance of the ledger file.

(2) "Influence of an unlawful order" means manipulating programs, such as unreasonably changing, deleting, adding, or altering all programs, such as hacking, etc., of individual orders constituting a program.

③ Entering information without authority refers to the use by a person without authority of another person’s true information without his/her consent (the use of unauthorized authority of other person), and modification of information without authority means the use of stored information to affect the process of processing it by a computer without authority.

B. On the Internet site (Internet address omitted) of the victim non-indicted corporation, the defendant allowed access to the defendant's ID and password to purchase electronic lottery tickets by gathering the purchase order in accordance with the normal procedure for purchasing electronic lottery tickets (in this case, the error occurred under certain conditions in the electronic lottery sales program of the victim non-indicted corporation). The above act of the defendant does not include entering false information, but does not change the program, nor can it be evaluated as using true information without authority.

3. Conclusion

Therefore, since the facts charged in this case do not constitute a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act.

Judges Jeon Soo-tae