2. According to the fact that the means of access leased by the Defendant was used for the singing crime, and the degree of damage caused therefrom is considerable, the crime in this case is a crime detrimental to the public confidence in the electronic financial transaction order, the Defendant’s liability cannot be deemed to be mitigated.

However, in light of the fact that the Defendant was expected to obtain a loan and there is no evidence to prove that the Defendant was directly involved in the instant crime and that there was no evidence to acknowledge that the Defendant was the first offender, and that there was no special change in circumstances to determine the sentencing conditions different from the original judgment, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

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.