The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The penalty imposed by the court below on the grounds of unfair sentencing (three million won of a fine) is too uneasible and unfair.

2. The instant crime is deemed to have been committed on the basis of the crime of Bosing fraud, and there is a great need to punish the instant crime. The actual occurrence of the victim of Bosing fraud was caused by the instant crime, and in particular, the Defendant committed the instant crime with knowledge that the Defendant would be punished, thereby disadvantageous to the Defendant.

However, there are circumstances favorable to the defendant, including the fact that the defendant recognized the crime of this case, that the defendant was living without other criminal records, that the defendant did not have any profit acquired by the crime of this case, and that the defendant could not have been aware of the fact that his act was used for the crime of Bophishing fraud, and in full view of all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive and means of the crime of this case, the circumstances before and after the crime, etc., the punishment of this case by the court below seems to be sufficient warning to the defendant.

(However, there is no clear warning that the defendant cannot take more action in the event that the defendant again commits the same crime in the future). 3. In conclusion, the prosecutor's appeal is groundless. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.