Text
The prosecutor's appeal is dismissed.
Reasons
In light of all the sentencing conditions indicated in the records and pleadings of this case, including the fact that the court below’s sentence (five million won of fine) is too unfluent and unfair, but the defendant could not be actively aware of the fact that the means of access in this case is to be used for the crime of Bophishing, and that the defendant has no record of punishment exceeding the same criminal history or fine, it is not recognized that the sentence imposed by the court below is too unfluent and unreasonable on the grounds stated in its reasoning.
Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio, the two pages 13-14 of the original judgment shall be corrected as follows:
1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;