전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The crime of this case is highly likely to be used for an access medium leased as a means of lending an access medium to electronic financial transactions. The crime of this case is deemed to be light in terms of its nature.
In order to eradicate crimes such as springing and so on, it is recognized that the act of aiding and abetting crimes like the instant crime also needs to be strictly punished.
However, taking into account the following factors: (a) the Defendant recognized the instant crime; (b) the first offender; (c) the Defendant applied for the suspension of payment of the account immediately after the instant crime; and (d) other measures to prevent additional damage; and (c) the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s sentencing is too uneasible and unreasonable
3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.