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. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the account of the access media that the Defendant transferred is actually used for the crime of fraud, in a case where there is no change in the conditions of sentencing compared to the first trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already withdrawn during the oral argument of the lower court, and there is no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized the error of the lower court and reflects in depth, the first offender who has no record of punishment, the economic situation is not good, and the Defendant’s age, sexual conduct, environment, means and consequence of the crime, and other various sentencing conditions specified in the records and pleadings, such as the circumstances after the crime, do not seem to be unfair because the sentence of the lower court is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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.