The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine shall not be paid.

1. Summary of grounds for appeal;

A. Defendant A merely provided money and valuables to Co-Defendant B, and Defendant A did not receive any money and valuables from the seller, while mediating the sale and purchase of the H land of H (hereinafter “instant real estate”) owned by G, and even though there was no conspiracy to receive money and valuables exceeding the statutory remuneration from G, the lower court convicted Defendant A of the instant facts charged in violation of misunderstanding of facts and misunderstanding of legal principles.

B. Defendant B’s punishment (a fine of 1.5 million won, 1/5 of the costs of lawsuit in the original judgment) is too unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by Defendant A

A. The summary of the facts charged in the instant case is a licensed real estate agent who operates D offices in Gyeonggi-si, Gyeonggi-do, and the Defendant is a licensed real estate agent who operates F offices in Gyeonggi-do, Chungcheongnam-do, and the Defendant and B brokered the sale and purchase of G and B with regard to H land (1,469 square meters) owned by G around January 2015.

A practicing licensed real estate agent shall not receive money or goods in excess of 9/1,000 of the transaction amount under the existing facts charged, such as the case, donation, etc., but the phrase of Article 20 of the Enforcement Rule of the Licensed Real Estate Agent Act is consistent with the phrase of the Licensed Real Estate Agent Act to provide that “the practicing licensed real estate agent shall not receive money or goods in excess of 9/1,000 of the transaction amount or 9/1,000 of the transaction amount,” and in the context of the transaction, it was naturally formed.

No money or valuables shall be received in excess of the remuneration or actual expenses.

Nevertheless, around February 9, 2015, the Defendant and B conspired to receive money and valuables exceeding KRW 279,000,000,00 as legal remuneration, respectively, under the pretext of the case cost for the sale and purchase brokerage of the instant real estate (transaction amounting to KRW 31 million) from G, respectively, and received money and valuables exceeding KRW 279,000,00 as legal remuneration.

(b).