공인중개사법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal consistently stated that the client G consistently received KRW 25 million from the defendant as "rental contract brokerage commission" and despite its credibility, the court below acquitted the defendant on the grounds that the above money includes not only the right of lease but also the fee for the premium and all water supply transactions of facilities, and it cannot be determined whether it exceeds the limit set forth in the same Act because it cannot be determined as to whether it exceeds the extent set forth in the same Act, among the total amount. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. The following circumstances are recognized by the court of the original judgment that duly adopted the evidence examined by the court of the lower judgment and closely examining the evidence. ① The new lessee prepared a real estate lease agreement with the lessor on the instant store, prepared a real estate right transfer contract, and separately paid G with the real estate right transfer contract, and G paid the premium to G, which was also aware of the process of such contract. ② G, as the size of “F” for the process of requesting a brokerage to multiple real estate offices, was large to exceed KRW 100,000,000, and it would be good if there are many other things.
I issued up to KRW 150 million to 100 million.
In light of the fact that G does not have the right to determine the rent deposit to G and it is important to find a new lessee within the earlier time prior to the maturity of the lease term, and there is no reason to request the brokerage by raising the deposit for the lease, the said money is deemed to refer to the premium, and when G requests the brokerage, the number of the premium is deemed to have been very important factor when G requests the brokerage, and ③ as argued by G, any brokerage commission is not paid for the receipt of the premium which was the principal interest of the fixed-term G if it is the brokerage fee for the lease contract only. ④ G is the Defendant.