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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.
2. The act of transferring an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single-scaming, and there is a need to strictly punish and eradicate it, and the fact that the access medium transferred by the Defendant actually used for the criminal act of scaming is disadvantageous.
On the other hand, the fact that the Defendant recognized the instant crime and reflects his mistake, that the Defendant appears not to have directly participated in the instant crime, or have been aware of the details of the crime, and that there is no criminal history except for the punishment of a fine of KRW 500,000 due to the violation of the Motor Vehicle Compensation Guarantee Act in 2011, and that the Defendant did not repeat the crime.
In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.