The prosecutor's appeal is dismissed.

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 there exists an area unique to the first deliberation regarding sentencing determination in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, and the fact that there is a change in the conditions of sentencing compared to the first instance court, and that the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) Transfer or lease of the electronic financial transaction access medium to another person can be used for a crime, thereby causing damage to an unspecified majority, and it is recognized that the account of the access medium that the Defendant transferred is used for fraud.

However, in full view of the aforementioned circumstances, the lower court’s punishment is too unfeasible and unfair, given that there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, that there was a defendant’s wrong recognition and reflect, that there was no record of punishment for the same kind of crime, and that there was no record of punishment for the same kind of crime, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, environment, means and consequence of the crime, and the circumstances after the crime.

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.