전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
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 circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected his mistake, and that there is no particular criminal history in addition to the punishment once for the crime of this case.
In addition, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and considering the following: (a) the number of accessible media that the Defendant transferred by the Defendant; (b) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (c) all of the sentencing conditions stated in the records and arguments of the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court
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.