The defendant shall be innocent.

1. The summary of the facts charged is a person who is operating E Licensed Real Estate Agent Office in Goyang-dong, Goyang-gu D.

Fees for the above broker's land brokerage shall be paid by both the clients, and the limit that one party may receive from the clients shall be within 9/1,000 of the transaction amount in the case of sale and exchange, and within 8/1,000 of the transaction amount in the case of lease, etc.

On August 1, 2011, the Defendant, at the above office, mediated the sale of approximately 863 square meters of land located in Yongsan-gu G in Yongsan-gu, Busan-gu, Busan-si, and about KRW 9330 million to the non-party H 3 other than the instant case.

The Defendant received 67 million won exceeding the statutory fees from H, etc. in return for the aforementioned brokerage.

2. Determination:

A. The summary of the Defendant’s assertion of the defense counsel is that the Defendant prepared the instant sales contract and received KRW 5 million as a brokerage commission, and the remainder of KRW 62 million is not a brokerage commission that the Defendant’s punishment I received as a consideration for the Defendant’s efforts to develop real estate and the right to acquire real estate in accordance with the agreement with J.

B. We examine the issue as to whether the amount received by the defendant I in the judgment constitutes a brokerage commission, which is the consideration for the act of brokerage.

Articles 33 subparag. 3 and 49(1)10 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (wholly amended by Act No. 11866, Jun. 4, 2013) prohibit real estate brokers from receiving money and valuables, such as commission and actual expenses, from clients in excess of the limit provided for in Article 32(3) of the same Act with respect to brokerage business, and punish them in violation of such prohibition. The term "mediation" refers to "intermediation of acts concerning the transaction, exchange, lease and other acquisition or modification of rights between the transaction parties with respect to the object of brokerage" and on the other hand, whether an act constitutes brokerage act.