Questione giuridica chiave
Whether the conduct constituted fraudulent misuse of a data processing system under Art. 147 StGB, especially whether a damage occurred.
Decisione estratta
The electronic entries created an unlawful debt burden for cardholders and, where relevant, a loss for card companies; later reversals did not prevent the damage from having arisen.
Motivazione estratta
Art. 147 StGB requires a manipulation-based asset shift causing damage. The balance-sheet harm arose when the cards were debited for services not received; subsequent chargebacks were mere recovery of an already existing loss.