The prosecutor's appeal is dismissed.

1. The gist of the prosecutor's appeal is that the defendant, if there is a balance of less than 1,00 won in the virtual account of the victim dieselto Co., Ltd. (hereinafter "Nelto"), the defendant entered the electronic lottery purchase order and deposited the same amount in the virtual account as the amount of money as the request for lottery purchase. Since the above order for lottery purchase is an order for lottery purchase or its substance is deposited in the virtual account as much as the amount entered at the time of the order for lottery purchase, it shall be deemed that the defendant entered false information. However, the defendant's act merely purchased lottery tickets in accordance with normal procedure and it does not constitute elements of the crime of fraudulent use of computer, etc., the judgment below which acquitted the defendant on the ground that the defendant was not guilty on the ground that it does not constitute any element of the crime of fraudulent use of computer, etc.

2. The phrase “influence of false information” in Article 347-2 of the Criminal Act refers to the act of a bank source to increase the balance of the deposit ledger file by inputting false deposit data via a counter terminal.

Examining the record in light of the above 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 diesel Roto Internet site, then the electronic lottery purchase order was entered, the program error was found in the program where the virtual cash is deposited in the same amount as the lottery purchase order, and the defendant knew the program error as above, and made the balance of the virtual account less than 1,000 won through the refund order, and made the amount of the virtual account more than 18,123,800 won a total of 18,123,80 won a virtual account by repeating the act of entering the virtual lottery purchase order from the virtual account on the diesel Roto Internet site, but the defendant is on the diesel moto site.