Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of the prosecutor’s gist of the grounds of appeal (unfair in sentencing) and the fact that the so-called “compact passbook”, which is produced through the crime of transferring the electronic financial transaction access media, is an essential means to realize the crime by widely using various crimes, such as Bosing, etc. so that criminal proceeds can be concealed and making it difficult to detect the offender, etc., and thus, is seriously detrimental to society, the lower court’s sentence imposing fines of KRW 2,00,000 is too uneasable.
2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, even if considering the circumstances alleged in the grounds of appeal, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the fact that there is no history of criminal punishment, the actual gains of acquisition, and all of the sentencing conditions indicated in the instant records and arguments are considered, and thus, the above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.