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’s mistake is recognized and against himself; (b) the Defendant’s payment suspension prior to withdrawal of the amount of damage deposited in the access medium that the Defendant transferred; (c) the primary offender is a favorable sentencing ground; (d) the transfer of the access medium to electronic financial transactions to another person can cause damage to unspecified persons; (c) the account linked to the access medium that the Defendant transferred is used for fraud; and (d) the need to punish the transfer of the access medium, such as the instant case, to eradicate the crimes of Bosing.
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.