The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court’s determination that punished the Defendant on the ground of the wrongful act committed by B, a brokerage assistant for mistake of facts, was unlawful.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. Article 50 of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, other than a person who has committed a violation, is punished as well, but the penal provisions which punish the broker without negligence, rather than the penal provisions which punishs the broker where the broker neglected to pay considerable attention to and supervise the relevant business affairs. However, according to the evidence duly examined and adopted by the court below, the defendant, the broker of which, according to the evidence duly examined and adopted by the court below, stated that the broker B, who is a broker, is well aware of the relevant business affairs and did not have any special supervision or education (Evidence Record 53 pages), the defendant seems to have been virtually neglected to act as a broker, and it is difficult to view that the joint penal provisions are unconstitutional in light of the purport of the Act on Licensed Real Estate Agents and the Act on the Report of Real Estate Transactions, etc.

B. There is also an unfavorable circumstance, such as the fact that the Defendant, even though the Defendant was registered as a licensed real estate agent, would not manage B, a broker assistant belonging to the Bupyeong-gu Office, and would have left all of them to B.

However, in full view of the circumstances such as the fact that the defendant was the first offender, the family members to support the defendant, and the economic situation of the defendant is not good, and other circumstances that are conditions for sentencing such as the criminal records, ages, character and conduct, environment, family relationship of the defendant, circumstances after the crime, etc., the sentence imposed by the court below is too excessive.