The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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). The lower court, despite the fact that the Defendant was investigated as a suspicion of aiding and abetting the phishing fraud by providing his own account information, even though he was under a non-suspect disposition, he committed the instant crime for the purpose of receiving the phishing loan at the time of the lapse of the past time, and the Defendant was actually used for the phishing crime, taking into account the circumstances unfavorable to the Defendant, such as: (a) the Defendant was led to confession and reflection of the Defendant; and (b) the Defendant was not subject to a suspended sentence or heavier punishment; and (c) the Defendant was determined by considering the fact that there was no previous conviction for the Defendant.

There is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted at the trial court. In full view of the reasons for sentencing as stated by the lower court and the records of the instant case and the reasons for sentencing as shown in the trial process, the lower court’s sentencing was too unhued and so it exceeded the reasonable scope of discretion.

It does not appear.

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.