The prosecutor's appeal is dismissed.

1. Sentencing sentencing on the gist of reasons for appeal

2. The access media (e.g., check card and account number) that the Defendant transferred is likely to be abused for phishing crimes, etc. with a large social malicious disorder. Therefore, the liability for the crime cannot be deemed to be less than that of the crime. In fact, the access media seems to have been used for phishing crimes.

However, considering various sentencing conditions as shown in the records and arguments of this case, such as the fact that the defendant recognized the crime and reflects the mistake, the benefit from the crime is not large, the circumstances that may be considered in part of the crime, and there are no records of punishment other than the previous criminal records, and other circumstances such as the defendant's age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., the sentence of the court below (2.5 million won) is too unjustifiable, and it is not recognized that it was unfair because it was done within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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.