The OGH decision of 14 July, 2011, 13 Os 61/11m, evoked fierce criticism. The case is about a woman, who ordered online-tickets via the ÖBB?s internet platform and therefor used different account numbers without authority. Since in the course of the direct debiting scheme only the existence of the account information, but not the identity of the customer is checked, the woman received the tickets and used them later on. According to the OGH, the application of offences depends on when the damage occurs. This, in turn, is tied to whether the online-tickets have a value of the property or not. The entire legal assessment of the OGH is based on the assumption, that the ÖBB is the sole injured. K. Schwaighofer?s criticism refers to the fact, that not the ÖBB, but the account holders are injured, regardless of the online-ticket?s value of the property. Furthermore, the action fulfils the legal elements of § 148a StGB. As a result of a detailed discussion of the decision, of all possible matters of fact and of all the points of contention, K. Schwaighofer?s view has to be shared. While all the other corpus delicti can be eliminated, in § 148a StGB all the criteria are met: The act of entering correct data can be a manipulation as defined by § 148a StGB. The injured are ? notwithstanding the opinion of the OGH ? the account holders, not the ÖBB. Neither the online tickets? character of a value of the property nor an initiated chargeback changes the fact, that the damage occurs with the debit entry and the offence is accomplished at that time. Therefore, using account numbers without authority to order online-tickets constitutes the offence of fraudulent misuse of data processing. The subsequent use of the tickets remains unpunished.