전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.
2. Determination is based on the following: (a) the Defendant led to the confession of a crime; (b) the primary offender is a favorable sentencing ground; and (c) the transfer of electronic financial transaction access media to another person can cause damage to an unspecified number of people because it can be used for a crime; (d) the account in connection with the access media that the Defendant actually transferred was used for a crime of fraud; and (e) the need to strictly punish the transfer of access media, such as the instant case, in order to eradicate the crimes of Bosing, etc.
The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes
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.