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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Since misunderstanding of facts and misunderstanding of legal principles, D and H, its husband, before requesting the defendant to sell the apartment of this case, knew the market price for the resale of the apartment of this case, and they decided the price of the right to sell the apartment of this case by the client himself. G, the buyer, is not a commission to the defendant. Thus, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles, although the seller or the purchaser cannot be deemed to have made
B. Even if the defendant is found guilty of an unreasonable sentencing test, the sentence imposed by the court below (one million won of fine) is too unreasonable.
2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant
A. Article 33 subparag. 4 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act provide that "the broker, etc. shall not cause an error of the client's judgement by means of false words or other means with respect to important matters relating to the transaction of the relevant object of brokerage (Article 33 subparag. 4). The above "important matters relating to transaction of the relevant object of brokerage" includes not only matters concerning the relevant object itself, but also matters concerning the price, etc. of the object of brokerage so far as such matters can be seen as important matters relating to the relevant transaction (see Supreme Court Decision 2007Do9149, Feb. 1, 2008).
According to each evidence duly adopted and examined at the court below, D purchased the apartment of this case at KRW 60,94,00 on June 22, 2009, and D and D, their spouse and agent, requested the defendant to mediate the sale of the apartment of this case on or around February 201, 201. ② At the time of the request, H would only cause the defendant to have the down payment of the apartment of this case at KRW 60,000,000, which is the principal amount. However, real estate business entities are real estate business entities.