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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, suspension of execution for three years, forfeiture) of the lower court against the Defendant is deemed to be too uneasible and unfair.
2. The crime of this case was committed in a systematic manner by which the defendant participated in the crime, such as the so-called strike, which causes damage to many unspecified victims, and thus requires strict punishment due to the high possibility of social criticism.
However, in light of the fact that the defendant led to the crime of this case and is against the defendant, and that the defendant submitted such agreement by mutual agreement with the victim H, M, U, and the defendant seems to have never been punished in the Republic of Korea, the normal circumstances favorable to the defendant, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it cannot be deemed that the court below's punishment is too uneasible and unreasonable. Thus, the prosecutor's assertion of unfair sentencing is without merit
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is without merit. It is so decided as per Disposition.
However, in the application of the laws and regulations of the court below, the phrase “the pertinent Article on the 1. criminal facts” as stated in the “Article 29(4)2 of the Electronic Financial Transactions Act” is apparent that it is a clerical error in the “Article 49(4)2 of the Electronic Financial Transactions Act,” and thus, it is corrected ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure