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. that the defendant provided to receive KRW 2,000,000 from a person in the name of the defendant was actually used for the singishing crime; (b) the defendant committed the crime of this case during the repeated period; and (c) the so-called “Sing passbook”, which is produced through the crime that transfers the electronic financial transaction access media, is widely used for various crimes such as singing, etc. so that criminal proceeds can be concealed; and (d) it is an essential means to realize the crime by making it difficult to detect the criminal; and thus, (e) social prejudice is serious. Therefore, the court below’s sentence imposing a fine of KRW 4,00,000 is too uneased.
2. In full view of the facts alleged in the grounds of appeal, such as the fact that the Defendant recognized the mistake, the fact that there is no record of punishment imposed for the same kind of crime, or that there is no record of punishment imposed exceeding the fine, the fact that the victim of the Bossing criminal expressed his/her intent that he/she does not want the punishment of the Defendant, and other circumstances of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, sex, criminal conduct, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable, so the above 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.