Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

A. The lower court’s imprisonment (eight months of imprisonment and two years of suspended execution) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. The crime of this case is recognized that the crime of this case, while operating the real estate brokerage office for a considerable period of time, excluded the victims in the relationship of the same business and embezzled profits by acquiring mixed profits, and the crime is not less than the nature of the crime, and the amount of damage exceeds KRW 220 million.2 million.

However, in full view of the fact that the defendant committed a crime, committed a mistake, committed by the defendant, committed in the first instance trial, agreed smoothly with the victim, and the operational expenses spent by the defendant, etc., the profit actually earned by the defendant seems to be smaller than the amount of damage, the defendant does not have the same criminal power and has any record of punishment more than the amount of damage, there is no economic situation, there is no other economic situation, and support two children and relatives who are not good in health, and other various circumstances that are the sentencing conditions such as the defendant's age, health, environment, etc., the sentence of the court below is too unreasonable.

It is rather unreasonable rather than that.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied Judgment] The criminal facts as stated by the court and the summary of the evidence are the same as that stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and Article 355 (1) of the Criminal Act concerning criminal facts and the choice of punishment (generality of fines and choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;