전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The lower court rendered the said sentence, taking into account the favorable circumstances, such as the Defendant’s confession and rebuttal, and the primary offender.
Even when taking into account the unfavorable circumstances that the Defendant’s nature of the crime is not somewhat weak, considering the following factors: (a) the Defendant’s act of this case was only limited once; (b) the Defendant’s primary crime was favorable circumstances; and (c) the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence; (d) the scale and consequence of the crime; and (e) all other sentencing conditions, such as the circumstances after the commission of the crime, it cannot be deemed that the lower court’s judgment exceeding the reasonable bounds of discretion or maintaining it as is is unreasonable (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Prosecutor’s allegation above is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.