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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the deliberation of the first instance regarding the determination of sentencing, and that the ex post facto nature of the appellate court, etc., if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) Transfer of the electronic financial transaction access medium can be used for other crimes, thereby causing damage to an unspecified majority, and it is recognized that the Defendant actually transferred the electronic financial transaction access medium was used for the crime of fraud.
However, the above circumstances were already taken place in the proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized a mistake and reflects the defendant, paid the money to recover damage to the defrauded, there is no record of punishment for the same kind of crime, and there is no other record of punishment for the same crime, and there are other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too un
Therefore, prosecutor's assertion is not accepted.
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.