전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The crime of this case is a matter of lending the passbook, cash card, and password, which is an electronic financial transaction access medium, to the name in return for consideration by the defendant. The crime of this case is not less than the nature of the crime, and the transfer of the electronic financial transaction access medium may not only impair the credibility of the safety performance of the electronic financial transaction, but also be abused for other crimes, such as “singing.” Thus, it is necessary to strictly punish the crime, and the fact that the access medium transferred by the defendant has actually been abused for the crime is disadvantageous to the defendant.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, that there is no history of any particular criminal punishment other than that sentenced to a fine due to larceny in 2006, that there was an application for suspension of payment after reducing the occurrence of damage after lending the access medium, that the defendant seems to have not actually received the payment for the lending of the access medium from the person who is not in the name of the victim, that the defendant must support three children who are in the child of this case.
In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.
3. If so, the prosecutor's appeal is without merit. Thus, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.