All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A (1) In the past, Defendant A (hereinafter “H real estate”) committed the instant intermediary act upon the request of the lessor L to “I would have to prepare a lease contract because I would have to do so from the lessee,” and did not know that I was a lessee. (2) The lower court’s punishment of unfair sentencing (fine 2 million won) is too heavy.

B. In light of the fact that Defendant B is the primary offender and reflects, the fact that he returns all the money exceeding the statutory brokerage commission, and the fact that he is obliged to continue the brokerage business, the punishment of the lower court is too heavy.

2. Determination

A. The following circumstances acknowledged by the record of the determination of mistake of facts as to the Defendant’s assertion of the first instance floor D-23 of the building of this case, namely, ① introduce the object of brokerage to the broker based on a pro-friendly relationship entered into with the merchants of the commercial buildings and the neighboring real estate brokers, etc. ② The Defendant, as a licensed real estate agent around December 209, registered the establishment of the office of a licensed real estate agent in another building owned by L with the trade name of “H real estate,” and divided the brokerage fees, etc. acquired by mediating a lease contract between customers, and operated the above licensed real estate agent office. ③ The Defendant, at the police station, stated that “I requested the Defendant to mediate the building D-23 of the building of this case owned by L, which operated the real estate consulting business with the trade name of “K, making it impossible to prepare a rental contract,” and at the office of the Defendant, at the time when licensed real estate agents are qualified, was aware that the Defendant was operating the office of the I licensed real estate agent without registration of establishment.