The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing by the prosecutor) is unreasonable in light of the following: (a) the Defendant had the record of having been sentenced to the suspension of indictment due to the transfer of the means of access; (b) the means of access of this case transferred by the Defendant was used to commit the Bosing and causing damage.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant’s crime of this case transferred one physical card to a nameless person for the purpose of obtaining a loan by unlawful means. It cannot be deemed that not only harms the trust and safety of financial transactions, but also can be used for various crimes, such as Bophishing fraud, in that the transferred physical card can be used.

In fact, the physical card transferred by the defendant was used for the crime of Bophishing fraud, resulting in damage.

In addition, on August 31, 2016, the Defendant recently received suspension of indictment due to the crime of transferring physical cards such as the instant case.

However, it is reasonable to consider the fact that the defendant has no record of criminal punishment other than once before and after the violent fine in 2001, and that the defendant has recognized the crime and shows the misunderstanding.

On the other hand, there is no new special circumstance or change of circumstances that can be reflected in the sentencing of the defendant after the court below was sentenced.

Based on the sentencing precedents of the same kind of case, considering the various circumstances, such as the defendant's motive and means of committing the criminal defendant's age, and the circumstances after the criminal result, which are the sentencing conditions that appear in the records and arguments of this case.