The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (two months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.

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

2. It is recognized that the amount acquired by the defendant under the pretext of the brokerage commission is up to 4.9 million won, and that the return of the commission unfairly collected is not completed.

However, in full view of the following circumstances: (a) the Defendant committed a crime in the course of the trial and committed a mistake in depth; (b) the Defendant deposited KRW 5 million in favor of the clients; (c) the applicant withdraws his/her intent to punish the Defendant; (d) the Defendant’s spouse is not healthy due to urology, etc.; and (e) the Defendant’s spouse is not healthy due to the aftermath of the traffic accident; (c) there is no criminal history of the same kind; and (d) there is no history of punishment more than the suspension of execution; and (e) other various factors that are the sentencing conditions, such as the Defendant’s age, career, and environment, the lower

It is rather unreasonable rather than that.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the remaining part of the judgment below excluding the compensation order portion shall be reversed and it shall be decided again as follows.

[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. Article 19 (2) 6 and Article 11-2 (2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012) applicable to facts constituting an offense and the selection of a sentence, respectively;

1. Aggravation concurrent crimes;