Yes. For example, someone signed up for 58,000 accounts and used them to receive micro deposits (those small sums that are deposited into an account to validate that two accounts are linked correctly). They had their time in court: https://www.wired.com/2008/05/man-allegedly-b/

Intent matters. Scale of abuse matters qualitatively.

The legal system does not operate like a computer program.

Yes, and they'd probably throw a CFAA violation in there too.

s/will be guilty of/could be charged with/