전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the physical card, etc. provided by the defendant upon receiving KRW 150,000 from a person in the name of the defendant was actually used for the phishing crime; and (b) the so-called “spam passbook”, which is produced through the crime of transferring the electronic financial transaction access media, is widely used for various crimes, such as spaming, etc. so that criminal proceeds can be concealed and it is difficult to detect the criminal; and (c) there is a serious social disorder due to the above, which is essential means to realize the crime; and (d) thus, the court below’s sentence imposing a fine of KRW 30,00,000 is too un
2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.