공인중개사의업무및부동산거래신고에관한법률위반
The prosecutor's appeal is dismissed.
1. In light of the overall circumstances such as the summary of the grounds for appeal J, M’s legal testimony and real estate industry, even though it is obvious that the Defendant received money in excess of the statutory brokerage commission, the judgment of the court below which judged the Defendant not guilty of the facts charged by judging the amount received by I for a separate consideration based only on the Defendant’s changing litigation, is erroneous by misunderstanding of facts or misunderstanding of legal principles
2. Determination
A. In the facts charged, the Defendant is a person who is operating E Licensed Real Estate Agent Office located in Jung-gu, Busan Metropolitan City.
Fees for the above broker's land brokerage shall be paid by both the clients, and the limit that one party may receive from the clients shall be within 9/1,000 of the transaction amount in the case of sale and exchange, and within 8/1,000 of the transaction amount in the case of lease, etc.
On August 1, 2011, the Defendant, at the above office, mediated the sale of approximately 863 square meters of land located in Yongsan-gu G in Yongsan-gu, Busan-gu, Busan-si, and about KRW 9330 million to the non-party H 3 other than the instant case.
The Defendant received 67 million won exceeding the statutory fees from H, etc. in return for the aforementioned brokerage.
B. The lower court and the first instance court, first of all, prohibit real estate brokers from receiving money and valuables, such as commission and actual expenses, in excess of the limit stipulated in Article 32(3) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, which was partially amended by Act No. 11866, Jun. 4, 2013, as follows, in relation to brokerage business, in violation of Article 33 subparag. 3 and Article 49(1)10 of the same Act, and punish real estate brokers from receiving money and valuables, such as commission and actual expenses. Here, brokerage refers to “intermediationing the transaction of, exchange, lease and other rights between the transaction parties with respect to the object of brokerage,” and on the other hand, any act constitutes brokerage business.