전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s appeal (unfair sentencing) is that the crime of this case is committed by the Defendant with payment of the price, and it is not good that the head of the passbook and the check card, etc., which is an access medium to his name is transferred. Such a crime is deemed to be committed not only by impairing the trust and safety of financial transactions, but also by the transferred access medium, which can be used for various criminal acts, and thus has substantial social harm. In light of the fact that the access medium transferred by the Defendant was actually used for telephone financing fraud, the sentence of the court below that sentenced to a fine of KRW 3,00,000 is too unreasonable.
2. In light of the facts alleged in the grounds of appeal, the lower court’s sentence is too unjustifiable and unreasonable, considering the following factors: (a) the Defendant recognized the error; (b) the contact that the transaction of account was suspended from the bank after the instant crime; and (c) reported directly to the police; (d) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) other various matters stipulated in Article 51 of the Criminal Act, such as the Defendant’s character and conduct, environment, and family relationship, etc., of the instant crime; and (d) the aforementioned argument 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.