The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant.

The circumstances asserted by the prosecutor on the grounds of appeal (such as the use of access media leased by the defendant for multiple fraud crimes, the necessity of strict punishment against the crime of lending and transferring access media, and the same record of the crime of violating the Electronic Financial Transactions Act, etc.) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively taking into account the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the deliberation of the court below and the party concerned, the sentence of the court below is excessive beyond the reasonable scope of discretion and it cannot be deemed unfair.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.