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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. The crime of violation of the Electronic Financial Transactions Act, such as the instant case, is highly likely to be abused for other crimes, such as the so-called “singishing,” and thus, requires strict punishment. In fact, the Defendant’s access media used for the crime is disadvantageous to the Defendant.
However, in light of the following: (a) the Defendant is against the instant crime; (b) the Defendant has no record of any particular criminal punishment other than the punishment imposed once by a fine in the past; and (c) the instant crime was merely limited to the provision of the access media, such as the two deposit accounts, once; and (d) the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the instant crime, and the circumstances after the crime were committed, it is difficult to view that the sentence imposed by the lower court is too uneasible and 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 appeal is without merit. It is so decided as per Disposition.