전자금융거래법위반
The prosecutor's appeal is dismissed.
1. Considering the fact that the means of access that the Defendant leased was actually used for the crime of fraud, the damage therefrom has not been recovered, and the need for strict punishment for eradicating the crime of Bosing, the lower court’s punishment is too uneasy and unreasonable.
2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In light of the above circumstances, the defendant, who did not have any criminal power, appears to have committed the crime in the first instance court in a timely fashion of the fact that the crime in this case was committed, and the defendant seems to have no profit accrued from each of the crimes in this case, and there are circumstances to be taken into account the circumstances leading to the crime in this case, it cannot be deemed that the judgment of the court below is too unafford and exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.