전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The instant crime is that the Defendant transferred access media for the purpose of obtaining economic compensation, and it is necessary to strictly punish the instant crime in order to protect the credibility of the safety performance of electronic financial transactions.
The account transferred by the defendant was actually used for the second crime.
However, in full view of the following factors: (a) the Defendant led to the confession of all the instant crimes; (b) the Defendant did not gain any particular benefit from the transfer of the access media; (c) the Defendant did not have any criminal record for the same kind of crime; and (d) other conditions of all the sentencing as shown in the records and pleadings, such as the Defendant’s character, conduct, environment, motive and circumstance of the crime; and (c) the circumstances after the crime, etc., the sentence imposed by the lower court
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.