2. The instant crime is an unfavorable circumstance to the Defendant, given that the Defendant transferred a physical card, which is a medium access to electronic financial transactions, to a person without a name, in return for payment. As such, the Defendant’s strict punishment is necessary for the occurrence of the victim due to the use of the phishing crime.

On the other hand, it is favorable that the defendant recognizes the crime and reflects his mistake.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.