Violating a company's ToU isn't illegal.
You
CAN'T get in jail for trading/buying/selling account. It's simple; YOU
CAN'T.
I'm not 100% sure about this, but no, you don't own you account, Blizzard owns it, can do whatever they want with it. So scamming a players account isn't actually taking anything from him.
Quote:
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Originally Posted by Blizzard's Terms Of Use, Paragraph 8 Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Program. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. |
You accepted that when you created your account.