The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (3 million won in penalty) declared by the court below.

2. The lower court sentenced the above punishment by taking account of the circumstances favorable to the Defendant, such as the fact that the transfer and lending of the access medium for electronic financial transactions can be used as a means of other crimes, the fact that the access medium leased by the Defendant was used for the crime of Bosing and causing damage, etc., the Defendant recognized his mistake and reflects depth, the fact that the Defendant did not have any profit acquired due to the instant case, the fact that the Defendant did not have any criminal record exceeding the same criminal record and fine, etc.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, and all the conditions of sentencing, including the Defendant’s age, sex, environment, health, circumstances leading to the commission of the crime, means and result, scale of the crime and the circumstances after the crime, etc., which can be known through records and pleadings, the sentence imposed by the lower court appears to be reasonable, and furthermore, the lower court’s judgment exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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.