This would actually be interesting to see in court - while some kind of product of service would be obtained in bad faith through "misrepresentation" or whatever, the victim wouldn't have lost anything either...
Juristic subtleties and semantics are hard. I could probably not even express it correctly in German.
First of all this part:
the victim wouldn't have lost anything either...
Following that argumentation something like copyright infringement and/or trademark violations doesn't exist. That argumentation will not stand the test in court.
The most fitting description in German I can come up with is "Erschleichen von Leistungen" (also used for using the bus/train without a valid ticket), for which the translator gives "obtaining services by fraud". It might not be the correct term a lawyer would choose, but for me it quite accurately describes the action of tricking a server into giving you more funds.
One wants to trick the victim (Nintendo) into delivering some content/service without paying, hoping they won't notice. That is the fraud part. The law that protects the victim's interests here is the copyright law, which doesn't need either physical loss (physical theft) or money removed from their account (digital theft).
Ignoring juristic subtleties, my laypersons interpretation is, that this idea contains two crimes: Copyright infringement and fraud... and this will have more severe consequences than only downloading games illegally.
Wait a minute: There even can be an actual loss of money. Nintendo must sent part of the income for each sold license of third-party games to the developers. When eShop creates licenses (tickets) for games they must pay accordingly... with money they didn't receive. Undoing such actions of case by case basis would be enormous effort, combined with the problem
"two lawyers, three opinions": It might not even be possible/legal to demand money back from third parties after issuing licenses on their behalf.
True but for a different reason
What do you mean by that? Am I wrong for saying:
"Locally modifying funds will not trick the server into thinking you have more money."? Ultimately the server must make the decision if it is accepting the request for a ticket -- based on the funds stored server side.