The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The Defendant’s act does not constitute “agent, legal counsel, and other legal affairs” under Article 109 subparag. 1 of the Attorney-at-Law Act, and the amount the Defendant received is not only real estate brokerage fees, transportation expenses, and accommodation expenses, not for legal affairs.

Nevertheless, the court below erred by misapprehending the legal principles or misapprehending the facts charged in this case.

B. In light of the fact that the defendant has no record of punishment for the same kind of crime and the economic situation, etc., the punishment of the court below (2 million won of fine and 1.5 million won of penalty) is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail by asserting that the defendant does not constitute "agent, legal counseling, and other legal affairs" in the court below's argument of misunderstanding of legal principles and misunderstanding of facts, and the court below's decision is just and acceptable, and as long as the defendant's act constitutes legal affairs, the amount received from E shall not be deemed as real estate brokerage commission.

In addition, the circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., ① the amount to be paid by E to the Defendant in the contract requesting a real estate consulting auction as of September 14, 2018, and may be increased or decreased in the course of future administrative affairs.

In full view of the fact that the Defendant did not plan or settle accounts, and ② the Defendant did not submit the supporting materials to prove the amount actually paid despite asserting that it is the reimbursement for actual expenses, it is difficult to deem that the Defendant received KRW 1.5 million as the actual expenses.

Therefore, the court below did not err by misapprehending the legal principles or by misapprehending the legal principles, and the defendant's allegation is without merit.