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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 (five million won in penalty) is too unhued and unreasonable.
2. The act of trading a passbook and a physical card, which is a medium access to electronic financial transactions, such as the instant crime, is likely to undermine the stability and reliability of electronic financial transactions, as well as to be abused as a means of other crimes, and thus, is highly likely to be abused as a means of other crimes, and the Defendant’s transfer of access media is actually used for the phishing crime, and is disadvantageous to the Defendant
However, considering all the conditions of sentencing specified in the records and arguments of the instant case, given that the Defendant recognized the instant crime and against the Defendant, there is no record of criminal punishment, and that there is no record of criminal punishment, the Defendant’s age, sexual conduct, environment, family relationship, motive for committing the instant crime, etc., the lower court’s punishment cannot be deemed to have exceeded the reasonable discretion or to be unfair because it is too uneasible. Thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.