2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) According to the reasoning of the lower judgment, the lower court’s assertion is without merit, on the following grounds: (a) the Defendant’s account was used for the fraud or embezzlement of a person in breach of the name, and the Defendant received KRW 1,50,00 from his/her name in return for the transfer of the means of access; (b) the Defendant was the first offender without any previous conviction; (c) the instant crime was committed one time; (d) the instant crime was committed; (e) the equity between the criminal punishment and the criminal punishment for other crimes similar to the instant case; and (e) the Defendant’s character and environment, etc. were abused to other serious crimes, thereby causing secondary injury; and (e) the Defendant’s account was actually damaged; and (e) the Defendant received KRW 1,50,00 from his/her name in return for the transfer of the means of access.

3. In conclusion, the prosecutor's appeal 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.