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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (2.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant lent an access medium for the purpose of obtaining economic compensation, and there is a need to strictly punish the act in order to protect the credibility of the safety performance of electronic financial transactions, and the Defendant’s account was used in committing the crime beyond the singishing organization.
However, in full view of the circumstances that the personal card leased by the Defendant would have been used for the crime, the fact that the Defendant could not have known in advance, that the Defendant would have been expected to have been unable to benefit from the transfer of access media, that there was no record of punishment for the Defendant for the same crime, and that there was no other record of punishment for the Defendant, and that all the conditions of sentencing as shown in the records and arguments of this case, such as character, character, environment, motive and circumstance of the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too une
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.