전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The transfer of an access medium for electronic financial transactions can be used for a crime that impairs transparency in financial transactions and has great social harm, and the fact that the Defendant’s check card was actually used for a loan fraud is disadvantageous to the Defendant.
On the other hand, the fact that the defendant has no profit from the transfer of access media, and there is no criminal record for the same kind of crime are favorable to the defendant.
The lower court sentenced to a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant, favorable to the Defendant, etc.
In full view of the factors and form of sentencing in the lower court’s sentencing, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even in full view of the circumstances, age, sex, environment, etc. after the crime of this case, the sentence of the court below is appropriate, and it is not deemed unfair because it is too low.
Therefore, prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.