전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. It is recognized that the crime of transferring an access medium, such as the instant case, can be abused for the crime of Bosing, etc. in that the transferred access medium can be abused for the crime of using Bosing, etc., and that the crime is not good, and that the Defendant’s transferred access medium was actually used for the crime of licensing.
However, it is also recognized that the defendant's recognition of the crime of this case is against the defendant, the defendant has no profit from the crime of this case, and the defendant is the first offender who has no record of crime.
In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.