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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of the execution of two years, the forfeiture).
2. The instant crime was committed by the Defendant to withdraw and deliver a considerable amount of money deposited into one’s bank account as a means of telephone finance fraud or so-called phishing crime. The crime of this case is not likely to be committed in light of the content and result of the crime, social harm caused by only telephone finance fraud, etc.
In addition, the damage caused by the crime of aiding and abetting the fraud of this case was not recovered.
On the other hand, however, the defendant shows an attitude against the defendant's wrongness, and only the defendant has a history of criminal punishment of fines once for a crime of this kind.
In addition, the defendant seems to have no economic benefits from the crime of this case.
Considering the above conditions unfavorable or favorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too unfasible and it does not seem unfair.
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.