We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

In regard to misunderstanding of facts 2012No776, the Defendant received 300,000 won from the lessee U by mediating the lease contract of 50,000 won under 50,000 won by mediating the lease contract of 101, 313, located in Yangsan-si between the lessor T and the U.S., and eventually, only received 2,50,000 won. 3,00,000 won paid by the lessor T was under the pretext of the brokerage commission for the transaction contract before the lease contract.

As to 2012No812, the Defendant mediated a trade contract of F apartment Nos. 102 and 708 located in Yangsan-si owned by H, and received KRW 5 million from E, the buyer’s agent, but was not delegated to pay the whole part payment as part payment. As such, as stated in the sales contract, the part payment of KRW 3 million is paid to the seller as part payment, and thus, the crime of embezzlement is not established.

In this regard, E filed a petition, and E and I filed a false statement that the contract was reversed for the purpose of not paying brokerage fees after the real estate brokerage is completed, and E and I demanded the return of brokerage fees from the defendant but was rejected from the defendant. Therefore, the defendant is judged to be genuine in bad faith and the defendant filed a complaint against E as a crime of false accusation. Therefore, it cannot be deemed that the crime of false accusation is established against the defendant.

In light of the overall circumstances of the instant case of unfair sentencing, each punishment (the first judgment of the court below: the fine of two million won; the second judgment of the court below; the fine of five million won; the third judgment of the court below: the fine of four million won) imposed by the court below on the defendant is too unreasonable.

Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against all the judgment below, and this court has rendered this decision.