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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (three million won of a fine) is too unhued and unreasonable.
2. Determination
A. According to the records, the court below sentenced the punishment by taking into account various factors such as the fact that there was a history of punishment for the same kind of crime, the fact that the Defendant’s cream card transferred was actually used for the crime of Bophishing, the fact that the Defendant divided and reflected the wrong, the fact that the Defendant did not obtain economic benefits due to the crime, and some of the circumstances that may be considered in the process of the crime, etc.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing 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.