전자금융거래법위반
The prosecutor's appeal is dismissed.
1. In light of the fact that the Defendant was subject to a disposition that he was suspected of being suspected of having committed the same kind of crime in the past, that the transferred cam card is used for the so-called “singing” crime, and that a strict punishment is needed for the crimes related to licensing, the sentencing of the lower court (fine 2,00,000) is too uneastable and unreasonable.
2. Determination
A. According to the record, the lower court determined the sentence by taking account of various sentencing reasons, including the following: (a) the Defendant’s error is not less light; (b) the Defendant’s primary and reflectiveness; and (c) efforts to prevent damage.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the prosecutor's argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.