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. The lower court determined that the Defendant committed the instant crime without being aware of during the period of suspension of execution, taking into account the circumstances unfavorable to the Defendant, such as the fact that the Defendant committed the instant crime without being aware of it during the period of suspension of execution, and the media access to the instant crime was used for fraud, and sentenced to the said punishment by taking into account the following favorable circumstances: (a) the Defendant’s mistake and reflect; (b) the Defendant appears to have failed to actually gain profit from the instant crime

Even when taking into account the unfavorable circumstances that the Defendant’s nature of the crime is not negligible, it cannot be deemed unfair that the lower court’s sentencing judgment exceeded the reasonable bounds of discretion or maintains it as it is, in full view of the favorable circumstances, such as the fact that the transfer of this case took place only once, that the amount of damage from the Defendant’s account was not actually withdrawn due to suspension of payment in the account; that the Defendant did not have the record of the same kind of punishment; and that the Defendant’s age, sexual behavior, environment, circumstances leading to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.