전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too uneasy and unreasonable.
2. The lower court determined the Defendant’s punishment in full consideration of the overall circumstances regarding the Defendant’s sentencing, such as the fact that the Defendant’s act of lending a approaching medium, which is the beginning of the phishing fraud crime, the fact that the Defendant’s access medium was actually used in the phishing fraud crime, the damage was incurred by the Defendant’s use in the phishing fraud crime, the fact that the Defendant recognized the crime, the fact that the gain acquired by the crime appears to have no profit, and the fact that the Defendant deposited 4.5 million won for the victim of the phishing, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too low.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
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.