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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual errors or misapprehension of the legal principle) argues that the defendant merely performed the sale of the real estate in this case as an agent, but not acting as an intermediary, and that it merely received the amount of KRW 20 million from E Co., Ltd. (hereinafter “E”) who requested the sale of the real estate in this case as an agent for sale in accordance with the industry’s practice, and therefore, it does not meet the requirements
2. Determination
A. Brokerage means any act mediating transactions, such as purchase and sale, exchange, lease, etc., and a broker shall not receive money in excess of commission or actual expenses under any pretext, such as case, donation, etc. In light of the purport of the provision of the law aimed at protecting the transaction parties, the determination of whether a broker's act constitutes brokerage shall be made based on whether it is objectively recognized as an act for brokerage and trade, and whether it is recognized as an act for brokerage and trade, and if the perpetrator conducts a business at the risk of causing risk to a certain degree, and if it is evaluated as an act of sales and sale at the risk of causing risk to a certain degree by the transaction party, it shall not be a brokerage, but a "sale by proxy".
(See Supreme Court Decision 94Da47261 delivered on September 29, 1995, and Supreme Court Decision 98Do1914 delivered on July 23, 1999, etc.) B.
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the defendant can sufficiently recognize the fact that the defendant "retails the real estate in this case" and received brokerage fees exceeding the statutory limit from E from the seller E, as shown in the facts charged.
① On June 3, 2008, the Defendant entered the Defendant as a broker pursuant to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and entered the Defendant as the broker, to the head of the Busan City Shipping Authority.