The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (the scenarios) 1) as to the primary facts charged (Fraud by using computers, etc.) is also a crime involving personal legal interests as well as a crime involving fraud. Therefore, in interpreting the language and text of the law, the relationship with the victim should be taken into consideration. In this respect, the phrase “no legitimate authority” should be interpreted not only where the crime in this case was committed but also where there is no legitimate authority in relation with the victim (the account transferee). Nevertheless, the lower court acquitted the Defendant of the primary facts charged in this case on the ground that the crime in this case was not committed without legitimate authority. Thus, the lower court erred by misapprehending the legal doctrine, even if the validity of the transfer of the game account in this case is unclear, the game money and items that the victim put in the said game account are not owned by the Defendant, and thus, is obligated to preserve the said game money and items.

Nevertheless, the lower court determined otherwise and rendered a not-guilty verdict on the instant ancillary charges. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the

2. The additional prosecutor of the 2nd preliminary charge shall maintain the primary charge of fraud using computers, etc. and the ancillary charge of breach of trust (hereinafter “the 1st preliminary charge”) which the lower court rendered a not-guilty verdict on the charge of the 2nd preliminary charge, as the primary charge of the 4th preliminary charge, and shall further maintain the 4th preliminary charge.

In addition to the facts charged as stated in the preceding paragraph, "Fraud" and applicable provisions of law apply for the amendment of indictment with a preliminary addition of "Article 347 (1) of the Criminal Act" to the name of the crime, and the foregoing additional facts charged are the second preliminary.