Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

A. The misunderstanding of facts or misunderstanding of legal principles entered into a sales contract with N as a broker of the Defendant on the instant building (right to parcel out the instant building) and reversed it (hereinafter “first sales contract”), and then entered into a sales contract with I (the broker is a spouse of N and the employee of the G Licensed Real Estate Agent Office) as a broker of the Defendant and M (the broker is an O Licensed Real Estate Agent Office).

(2) Of the 15,00,000 won (on the face of KRW 1,00,000, KRW 15,000) claimed by H as a brokerage commission, H paid KRW 1,74,00 to NM as a penalty for breach of the 1st sales contract, and ② KRW 3,00,000,00 to be paid as a penalty for breach of the 1st sales contract (=870,000 won x 2,000 won to be borne by both the seller and the buyer’s brokerage commission) and KRW 8,76,00,000 for the 2nd sales contract to be paid by H, and ③ KRW 2,000,000 to H to exchange KRW 3 million in cash in addition to a check.

In the end, the Defendant did not receive money exceeding KRW 876,00,000,00.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Determination

A. In light of the following circumstances, the lower court rejected the Defendant’s assertion of mistake of facts or misapprehension of legal doctrine, and found the Defendant guilty of having received KRW 15 million under the name of the secondary sales contract brokerage commission, by comprehensively taking account of the following circumstances acknowledged by the evidence presented by the lower court.

(A) The second sales contract is a broker with the statement of P as the broker of the defendant, G Licensed Real Estate Agent Office L and the O Licensed Real Estate Agent Office P, and the signature and seal of P.