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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. The act of lending a passbook, cash card, etc. (hereinafter “means of access”) which is the means of electronic financial transactions to determine is not only impairing the stability and trust of electronic financial transactions, but also providing any means that facilitates crimes, and thus, social harm caused by such act is not severe and the liability for the relevant crime is not less severe.
The Defendant also acquired economic benefits in return for lending means of access to A.
However, considering the following circumstances: (a) the Defendant’s mistake against himself/herself and did not repeat a crime; (b) the number of means of access leased by the Defendant is only one; (c) the gains acquired by the Defendant are not significant; and (d) the Defendant is the primary offender; and (c) other circumstances favorable to the Defendant’s primary offender; and (d) other circumstances, which form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable to the extent that it is recognized
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.