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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unfluent and unreasonable.
2. The crime of this case is a fact that the defendant lent the access medium in return for the promise of compensation, and the nature of the crime is not less severe, and it is also true that the defendant requires strict punishment in that the access medium leased by the defendant was used for telephone finance fraud.
However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sexual conduct, environment, motive for the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is too unfasible and unreasonable.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.