전자금융거래법위반
The prosecutor's appeal is dismissed.
1. Sentencing sentencing on the gist of reasons for appeal
2. The appellate court’s judgment is reasonable to respect the first-class sentencing judgment in a case where there is no change in the conditions of sentencing compared to the first-class judgment, and the first-class sentencing does not deviate from the reasonable scope of discretion.
As the prosecutor asserts on the ground of appeal, it is recognized that the account transferred by the defendant was actually used for the criminal act of licensing, and that the transfer of passbook, which is an essential element, needs to be punished for eradicating the criminal act of licensing.
However, in full view of the circumstances favorable to the defendant, including the confession of, and reflect on, the crime, the punishment of imprisonment without prison labor due to traffic crimes, and the punishment of a fine due to the violation of administrative laws and regulations, but has long been long, there is no particular penalty power in the past, and the fact that it seems that the actual gains from the transfer of the account could not have been gained, etc., and the sentencing conditions, such as the circumstances favorable to the defendant, the age, sex and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.