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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (3 million won in penalty) declared by the court below.
2. The lower court sentenced the above punishment by taking account of the following favorable circumstances: (a) the act of transferring an access medium may be abused as a means of other crimes, such as phishing, etc.; (b) the fact that the Defendant actually suffered fraudulent damage in relation to the access medium that the Defendant transferred; and (c) the Defendant recognized the Defendant’s mistake and reflects it; and (d) the Defendant has no record of punishment, respectively.
In full view of all the conditions of sentencing, other than the circumstances considered by the lower court, including the Defendant’s age, sex, environment, health, circumstances leading to the commission of the offense, means and result, scale of the offense, and circumstances after the commission of the offense, the lower court’s sentence appears to be reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.