2. The crime of fraud by the use of computer, etc. of this case constitutes an intelligent fraud by the so-called "mination" where a defendant arbitrarily obtains financial information from the victims by arbitrarily transferring money to many and unspecified domestic unspecified persons as a member of the criminal organization by using the Internet site. In the case of the crime of fraud by mination, even though the social and economic harm is serious, the crime is very organized and the arrest of the criminal is not easy. It is highly necessary to prevent recurrence by strictly punishing the act of taking part in the withdrawal of transferred money, and there is a significant amount of damage. However, there is considerable need to prevent recurrence. However, the defendant's fault and reflects the victim's fault; the victim does not want the punishment against the defendant; the defendant's age, character, environment, health conditions, details and motive of the crime, the degree of participation in the crime, the degree of participation in the crime, and the circumstances after the crime, etc. are too unfair considering the sentencing of the defendant.

3. Therefore, 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.