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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. The act of transferring a passbook, cash card, etc., the means of access to electronic financial transactions, which is a means of electronic financial transactions, is not only impairing the stability and trust of electronic financial transactions, but also providing a means that facilitates various crimes, and the social harm resulting therefrom is not so minor as to be serious.
However, in full view of the following circumstances: (a) the Defendant committed the instant crime in the course of borrowing a restaurant in order to operate the restaurant; (b) there are circumstances to consider the circumstances leading up to the instant crime; (c) the Defendant committed the instant crime against his mistake and did not repeat the crime; (d) the victim of the instant crime committed the instant crime; (c) although the amount of damage was not withdrawn, the full return was made to the victim; (d) the Defendant did not have the same criminal record; and (e) the Defendant’s age, character and conduct, environment, means and consequence of the instant crime; and (e) other circumstances constituting the conditions for sentencing as indicated in the pleadings of the instant case, such as the circumstances after the crime, etc., it cannot be deemed unfair to the extent that
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.