전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (2.5 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The judgment of the phishing crime amounts to a large number of victims constantly, and the possibility of such phishing crime is due to the continuous occurrence of a crime of transferring or taking over an access medium after receiving the price. Therefore, to eradicate it, strong punishment is necessary for the transfer or taking over of the access medium, the number of the cke cards transferred by the defendant is four or more, and the card in the name of the defendant is actually used for the crime.
On the other hand, the defendant confessions the crime of this case, repents in depth, and seems to have failed to gain any benefit from the transfer of the access media, and the fact that the defendant is the first offender is favorable.
In addition, considering various conditions of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background leading to the instant crime, means and consequence thereof, and circumstances after the instant crime, the lower court’s punishment is too unfasible and thus, it cannot be deemed unfair. Thus, the prosecutor’s assertion is without merit.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.