전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. Unfavorable circumstances: The Defendant’s act of impairing the safety and reliability of electronic financial transactions by itself was not only an act that disturbs the Defendant’s safety performance, but also an access medium transferred by the Defendant was used as a tool for the phishing crime, thereby causing property damage.
The favorable circumstances: the defendant is the first offender.
There is no sentencing criteria for a crime of violation of the Electronic Financial Transactions Act in the judgment of various kinds of sentencing conditions indicated in the present arguments and records, such as the defendant's age, character and character environment, motive means of crime, result after the crime, etc., including the above unfavorable circumstances, favorable circumstances.
In full view of the above, it is not recognized that the sentence imposed by the court below is too unhutiled and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.