2. The act of transferring an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single scaming, and there is a need to strictly punish and eradicate it, and the fact that the access medium transferred by the Defendant was actually used for the criminal act of scaming, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the Defendant is the first offender, the recognition of the instant crime, and reflects his mistake, and the fact that the victim of the singishing crime seems to have applied for suspension of payment against the Defendant’s account and did not actually cause any actual damage is favorable to the Defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.

Therefore, prosecutor's assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.