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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, confiscation) is too unfluent and unfair.
2. The so-called “singishing” crime is a major crime subject to the economic and social weak, causing more difficult situations to the victims, causing more severe damage to the victims, such as direct victims, State agencies of the general society, financial institutions, etc., and causing serious social harm to them. The crime of violation of the Electronic Financial Transactions Act is an offense that provides important means to the “singishing” fraud group, and requires strict punishment in light of the fact that social harm caused by the “singishing” crime is very serious. The Defendant is in charge of aiding and abetting the “sing” fraud by aiding and abetting the victims to withdraw cash by taking the physical card to be used in the crime of “sing” from victims and delivering it to the cash withdrawal book. The aforementioned role in the entire crime is considered to be the proportion of the aforementioned role in the crime.
It is recognized that the period of crime is not shorter than the period of crime, there are many times of crime, damage recovery has not been made, and the victims have not been agreed with.
However, considering all of the sentencing conditions indicated in the pleadings of this case, such as the confession of all crimes, the Defendant’s mistake is divided, the primary offender is the fact that the Defendant actually acquired profit appears not to be significant compared to the amount of damage caused by the crime, the number of transmitted access media, the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. The correction of the judgment of the court below as to the facts constituting the crime of 1. The pertinent Article of the law and punishment are applied in the column 1 of the law.