The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant deposited KRW 5.8 million to the above D and stored the remainder of KRW 1.0 million in preparation for a seller's failure to perform the contract, among the down payment of KRW 6.8 million received from the buyer E, and does not receive it as a brokerage commission, but only received KRW 2,00,000 from E as a brokerage commission. Thus, the judgment of the court below convicting the Defendant of the facts charged of this case that the Defendant received more than the statutory brokerage commission, which affected the conclusion of the judgment.

2. In full view of the evidence duly adopted and examined at the court below and the court below, the following circumstances, namely, the defendant asserted that if the defendant was paid 6.8 million won for the down payment from the buyer E and did not perform the contract with the consent of both the buyer and the seller, he deposited 1.0 million won as the compensation for damages. However, in paying the down payment of 6.8 million won to the defendant, he stated that the buyer did not cause the defendant to keep 1 million won as the compensation for damages, compared to the case where the seller did not perform the contract, while the buyer paid the down payment of 6.8 million won to the defendant, and the seller D also paid the down payment of 6.8 million won for the defendant, even if the defendant received the down payment from E, and sent the remaining amount of the down payment of 3.4 million won as the statutory brokerage commission to the defendant several times, but the defendant did not agree with the contract broker's intention or termination commission as the whole brokerage commission. In relation to the contract of this case (a sales contract).