The punishment of the lower court (eight months of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

Considering the following circumstances: (a) the Defendant embezzled amount of KRW 65 million; (b) the real estate brokerage business without registering a brokerage office and the sum of the amounts received as a brokerage commission amount of KRW 23.9 million; (c) the Defendant agreed to pay KRW 55 million to the victim of embezzlement at the lower court; and (d) the favorable circumstances, such as the Defendant’s age, character and conduct, environment, all the sentencing conditions in the instant records, and the scope of recommended sentencing guidelines (one month or more), it cannot be deemed that the Defendant’s punishment is too unreasonable.

Therefore, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the decision of the court below is delivered with the decision of the court below in accordance with Article 25 (1) of the Regulation on Criminal Procedure that "the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act" shall be amended as "the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014)".