The prosecutor's appeal is dismissed.

1. The sentence (2.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In view of the fact that the act of transferring the access medium, like the instant crime, can be used for the instant crime, such as Bosing, and that the access medium actually transferred by the Defendant appears to have been used for the instant crime, the crime’s nature is not less than that of the crime, and the Defendant was sentenced to five years of imprisonment with prison labor for robbery, etc. at the Daegu High Court on December 23, 2010, and the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she committed the instant crime during the period of repeated offense upon completion of the enforcement of the sentence.

However, the fact that the Defendant led to the confession of the instant crime and the mistake is against the Defendant, the Defendant appears not to have directly participated in, or aided and abetted the details of, the instant crime, and the fact that some of the amount of the victims acquired through the access media that the Defendant transferred by the Defendant appears to have been refunded from the Defendant’s account. The fact that the Defendant seems to have no profit actually acquired by the instant crime appears to exist, and that the Defendant has no record of the same kind of crime, etc. are favorable circumstances.

In addition to the above circumstances, taking into account the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, the sentence imposed by the lower court cannot be deemed unfair as it is deemed unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.