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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the means of access transferred by the Defendant was actually used for the crime of Bophishing fraud, and that the act of transferring the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and be used as a means of other crimes is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) there was no benefit from the instant crime; (c) there was no benefit from the Defendant’s commission of the instant crime; and (d) considering the favorable circumstances that there was no particular penalty power other than a fine of KRW 1 million due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in around 2012; and (b) taking into account the Defendant’s age, character and conduct, environment, family relationship, circumstances leading to the instant crime, means and consequence; and (c) the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is appropriate; and (d) there was no circumstance that the lower court’s sentencing judgment is deemed to have exceeded the reasonable limit
Therefore, since the court below’s punishment is too uneasible and unreasonable, the prosecutor’s above assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.