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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) misunderstanding of the facts or misapprehension of the legal principles, (1) A consulting contract (hereinafter “the instant consulting contract”) dated November 5, 2014, written on the facts constituting the crime of the lower judgment, is a contract with K Co., Ltd. (hereinafter “K”) to provide various consultation on the development of the instant land under the condition that he/she had already purchased the instant land from H to H of the seller E Co., Ltd. (hereinafter “P”) to purchase the instant land outside G and six (hereinafter “instant land”). Thus, it cannot be deemed a contract for “real estate brokerage.”
(2) Even if the instant consulting contract is a contract for real estate brokerage, the principal agent of the act of brokerage is K, not the Defendant, who is the representative director of the said company.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. (1) Determination as to the assertion of misunderstanding of facts or misapprehension of legal principles (1) The former Act on the Business Affairs of Certified Judicial Broker and Report of Real Estate Transactions, which is an authorized brokerage, was amended by Act No. 12374 on January 28, 2014 to the term “authorized brokerage private law.”
Article 2 subparagraph 1 of Article 2 provides that "the term "mediation" means mediation of acts concerning sale, exchange, lease, and other gain, loss, and transfer of rights between parties to a transaction with respect to an object of brokerage as provided for in Article 3." Article 2 subparagraph 3 of the same Article provides that "the term "the brokerage business" means the business of acting as a broker at another's request for a certain remuneration. It includes not only the case where a broker is requested by both parties to a transaction, but also the case where a broker mediates or arranges acts concerning the sale, exchange, lease, and other acquisition, loss, or change of rights of an object of brokerage at the request of either party to a transaction (see Supreme Court Decision 94Da47261 delivered on September 29, 195).