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The Defendants’ appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (each fine of KRW 1.5 million) is too unreasonable.
2. In full view of all the sentencing conditions, including the period of lending qualification certificates including the fact that the Defendants recognized the crime and are against the law, the defendants' economic conditions are not good, and the defendant A has no previous criminal record except for the case that the defendant A has been subject to a minor fine twice, and the fact that the defendant B was the first offender without the previous criminal record, but the defendant B received the commission exceeding the upper limit of the statutory brokerage commission while performing real estate brokerage business, and considering all the sentencing conditions such as the type and frequency of the brokerage service conducted by the lending of qualification certificates, the circumstances after the crime, the circumstances after the crime, equity with other similar cases, it cannot be said that the court below’s punishment determined to reduce the amount of fine under the original summary order (two million won per each) by sufficiently taking into account the favorable circumstances as seen earlier, is too unreasonable.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.