전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (for the Defendants, a fine of KRW 5 million) is too uneased and unreasonable.
2. In comparison with the judgment of the court below, there is no change in the conditions of sentencing at the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.
In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. As such, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 37 of the Criminal Procedure Act and the choice of punishment for the crime of 1.). However, since it is apparent that the “1. concurrent disposition Defendant A” was omitted from the application of the law of the lower judgment, Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Procedure Act is corrected ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.