The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In the instant crime, the act of transferring another person’s electronic financial transaction access medium may cause damage to many and unspecified persons as to whether the transferred passbook, etc. can be used for crime, and the fact that the account connected with the access medium actually transferred by the Defendant was used for fraud is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the first offender who had no history of punishment prior to the instant case; (c) the Defendant appears to have not much profits earned from the instant crime; (d) the Defendant supports two children due to negligence; and (e) other various circumstances that form the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, environment, sex, motive for committing the instant crime; and (e) the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed to have been too uneasible and unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.