공인중개사의업무및부동산거래신고에관한법률위반
The defendant's appeal is dismissed.
1. The fact that the defendant's judgment on the grounds of appeal in the first instance is recognized as committing the instant crime and is against the law, that there is no criminal record for the same kind of crime, that the defendant's health is relatively good, and that the defendant lives as a person eligible for basic livelihood security is favorable to the defendant.
However, the crime of this case goes against the legislative purpose of the "Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions" that enhances the credibility of real estate brokers and contributes to the protection of the people's property rights by establishing a fair real estate transaction order, and the quality of the crime is not weak, and the brokerage commission that the defendant received from the seller exceeded the statutory limit. The amount actually acquired by the crime of this case is not significant, and the court below imposed a fine (3 million won) for the summary order in consideration of the circumstances favorable to the defendant, and taking into account the motive and background leading up to the crime of this case, circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, occupation and family relation, etc., it cannot be said that the court below's punishment (2.5 million won of fine) is too unreasonable.
2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.