전자금융거래법위반
The prosecutor's appeal is dismissed.
1. In light of the fact that the crime of transferring a medium of access to the gist of the grounds for appeal need to be punished strictly, and the fact that the crime of fraud was committed due to the instant access medium, and the actual damage was caused, the sentence (three million won in penalty) imposed by the lower court is too unfeasible and unfair.
2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.
The fact that the defendant lent an access medium to the economic benefit, and that the access medium actually used for the crime and the damage was caused is disadvantageous to the defendant.
However, in full view of the records and arguments of this case, including the fact that the defendant is the first offender, the student, the transfer of the access medium is limited to one time, and the fact that the defendant actually has no profit from the acquisition, the court below's punishment is too unfeasible, and it does not determine that the court below's punishment is unfair as it is too unfasible.
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.