The prosecutor's appeal is dismissed.

1. The sentence (6 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 a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances asserted by the prosecutor on the grounds of appeal (such as the use of access media leased by the defendant for actual fraud, the necessity of strict punishment against the crime of lending or transferring access media, the poor quality of the crime, the improvement of the defendant and the general preventive effect) are considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively considering the sentencing conditions, such as the character and conduct of a defendant, environment, motive, means and consequence of a crime, the circumstances after a crime, etc. revealed in the deliberation of the original court and the party concerned, including the fact that there was a history of having been sentenced to imprisonment due to the crime of this species, and the fact that a repeated crime was committed during the period of such repeated crime, the lower court’s sentence is too excessive to exceed the reasonable scope of discretion and cannot be deemed unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.