The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unfilled.

2. Although the judgment defendant had a record of criminal punishment for the same crime two times, it is very poor that the crime of this case is committed again during the period of repeated crime.

However, in full view of the following circumstances: (a) the instant crime was committed by transfer of one account; (b) the Defendant was against the recognition of the Defendant; (c) although the account transferred by the Defendant was used for the fraud, the Defendant appears to have returned KRW 400,000 to the remitter; and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s aforementioned argument of sentencing is rejected.

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.