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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.
2. The transfer, acquisition, lending, etc. of the means of access for electronic financial transactions need to be strictly punished as means of other crimes, such as singing, etc. In fact, in this case, the means of access for electronic financial transactions lent by the Defendant seems to have been used as means of singing.
The defendant has been sentenced to criminal punishment for three times (one time of actual punishment, two times of suspended execution) and the investigation and suspension of indictment for the same crime as the crime of this case.
However, the Defendant appeared not only to cooperate with the investigation by recognizing the instant crime but also to repent of his mistake.
It seems that the defendant did not actually receive the cost of the means of access for electronic financial transactions from the person who has not been named.
It seems that the health or economic conditions of the defendant are not good.
In addition, even if the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, its method and consequence, etc. are added to all the factors of sentencing indicated in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant have been changed in the first instance court, and it is not determined that the sentencing of the court below is unfair because it goes too far beyond reasonable discretion.
Therefore, the prosecutor's above assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.