Text
The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.
2. The judgment of the court below was based on the reasons for unfavorable sentencing, such as the fact that the access media of the defendant lent was used for the phishing crime. However, considering the favorable reasons for sentencing, including the fact that the defendant led to the confession of the crime and the fact that only one-time fine is imposed by the previous conviction, the defendant's age, family relationship, economic situation, circumstances leading to the crime, and motive leading to the crime, and all other matters pertaining to the sentencing as indicated in the records and changes in the records of this case, the punishment of the court below is deemed appropriate, and the prosecutor's assertion is without merit, since there is no change
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.