The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination

A. In light of the fact that there exists an area unique to the first deliberation regarding sentencing determination in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, and the fact that the account of the access media that the Defendant actually transferred is used for the crime of fraud, in cases where there is no change in the conditions of sentencing compared to the first trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already launched during the oral argument of the lower court, and there is no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower court, the Defendant’s deep reflects on the instant crime, the Defendant did not have any record of having been punished for the same kind of crime, the economic situation is not good, and the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and other various sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, do not seem to be unfair because the sentence of the lower court is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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.