The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (public prosecutor) is as follows: (a) if there is a balance of less than 1,000 won in the virtual account of the victim, the Defendant entered an electronic lottery purchase order into the virtual account and deposited the amount of money equal to the amount of the money requested for the purchase of lottery tickets into the virtual account; and (b) since the above order for the purchase of lottery tickets or its substance is an order for the purchase of lottery tickets or its substance to be deposited in the virtual account at the time of the order for the purchase of

Nevertheless, the judgment of the court below which acquitted the defendant on the ground that the act of the defendant does not constitute an element of fraud in the use of computer, etc., merely purchased lottery tickets through normal procedure, is erroneous in the misunderstanding of facts or misapprehension of legal principles as to the meaning of false information in the use of computer, etc., and the substance of the order to purchase

2. Prior to the judgment on the grounds for appeal, the prosecutor applied for amendments to the indictment with the purport that "the defendant acquired financial benefits of KRW 18,123,800 by making the data processed after inputting false information into the data processing device, such as computer," among the facts charged in the instant case, "the defendant obtained financial benefits of KRW 18,123,80 by making the data processed after inputting the improper order into the data processing device, such as computer, etc.," and since the court permitted it, the judgment below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Discied Judgment] The Defendant for criminal facts is a computer at his own house located in Gangseo-gu Seoul Metropolitan Government and 402, Gangseo-gu Seoul Metropolitan Government around January 4, 2009.