The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The following are the circumstances: (a) the Defendant, who was sentenced to the suspended sentence for the crime of occupational embezzlement in 2018, was still under the suspended sentence; and (b) the Defendant was under the suspension of indictment for the same crime of violation of the Electronic Financial Transactions Act in 2011.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects it, and that the above suspension of indictment is not the same criminal record, but the above suspension of indictment is not more than 8 years prior to this case, and that the defendant does not have the same criminal record.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.