2. It is necessary to punish the Defendant who committed the instant crime during the grace period, even though the Defendant was sentenced to suspended sentence for the same crime.

However, taking into account the following circumstances: (a) the Defendant reflects the crime; (b) the Defendant’s violation of the Electronic Financial Transactions Act at the same time with the crime of violation of the said Act; and (c) the degree of participation in the crime; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unfasible to the punishment of the lower court.

3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition by the court below (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, “Article 70(3)2(a) and Article 30 of the Criminal Act” in the column for application of the law of the court below is amended to “Article 70(2)2(a) of the former Act on Specialized Credit Financial Business (Amended by Act No. 13068, Jan. 20, 2015); Article 32 of the Criminal Act”