The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In determining whether the Defendant is an authorized broker, the Defendant did not register as a brokerage office, run real estate brokerage business without registering the establishment of the brokerage office, used the name similar to the authorized broker, embezzled the total amount of KRW 15 million from four victims, and the quality of the crime was bad, and three times the records of the Defendant punished for committing the crime of embezzlement are disadvantageous to the Defendant.

On the other hand, the defendant committed each of the crimes of this case, and agreed with three victims (the total amount of damage 38 million won) at the investigation stage, and the remaining victims (the total amount of damage 67 million won) agreed to give preference to the defendant by excessive agreement of one victim (the victims amounted to 67 million won) and the criminal records of the defendant's embezzlement were all punished by a fine before about 6 years.

In full view of the above circumstances and other factors of sentencing as shown in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable because it is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence in the judgment below, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of Criminal Procedure Act.

Application of Statutes

1. Article 355(1) of the Criminal Act and Article 355(1) (Embezzlement) of the Criminal Act regarding facts constituting an offense, Article 48 Subparag. 1, Article 9 of the Authorized Brokerage Act (a person operating real estate brokerage business without registering the establishment of a brokerage office) and Article 49(1)2 of the Authorized Brokerage Act.