The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination

A. In light of the fact that there exists an area unique to the first deliberation regarding sentencing determination in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, and the fact that the account of the access media that the Defendant actually transferred is used for the crime of fraud, in cases 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, in full view of the aforementioned circumstances, the lower court’s punishment is too uneasy and unfair, given that there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, that the Defendant is in violation of the Defendant’s depth, that there was no record of punishment for the same kind of crime, and other various sentencing conditions specified in the records and arguments, including the Defendant’s age, sex, criminal conduct, environment, family relationship, motive, circumstance, means, and consequence of the crime, etc., such as the circumstances after the crime was committed.

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.