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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 (2,00,000 won in penalty) is too uneased and unreasonable.
2. The crime of this case is highly likely that the access media transferred as a transfer of an electronic financial transaction access medium will be used for crimes such as painting, etc.
In order to eradicate crimes, such as springing, etc., there is a need to strictly punish the act of aiding in the crime of springing, etc. like the instant crime, and it is recognized that the account transferred by the Defendant was actually used for the actual crime of fraud, and that the victim occurred.
However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the first offender was the first offender; (c) there was no substantial benefit from the instant crime due to the failure to receive the consideration for transfer of an agreed access medium; and (d) the Defendant’s age, sex, environment; (b) the background leading to the instant crime; (c) the means and consequence; and (d) the circumstances after the instant crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.
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.