The judgment below

The guilty portion shall be reversed.

Defendants are not guilty. The judgment of the court below is not guilty.

1. Summary of grounds for appeal;

A. (1) The Defendants (1) received KRW 220 million from the victim as premium for a premium from the victim and gave up only KRW 170 million out of the above money to the existing lessee as premium for a premium.

However, the difference between the premium and the premium is the practice of real estate brokerage in substitution of the fee for brokerage, and there is no fact of deceiving the victim as a result of verifying the neighboring market price.

(2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. In addition, the Defendants did not inform the public prosecutor of the fact that they did not oppose the shop shop management body, and the victim knew of such fact through other routes, so the Defendants, a certified broker, committed an act of causing the victim to make a decision by making a false speech and behavior.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, Defendant A of this part of the facts charged is a licensed real estate agent who operates the authorized brokerage business under the trade name of “E” in Suwon-gu, Suwon-si, Suwon-si, and Defendant B was an assistant to the said licensed real estate agent’s office. On January 1, 2011, the Defendants found the said “E” office at the early police officer’s office to find out the 154, 162, and 163 (total of 54) of the said commercial building to the victim G husband and wife, who was seeking to sell a cafeteria in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si.

The Defendants were delegated by the former lessee H, the former lessee I, and the former lessee J, 162 of the commercial building No. 154 at H, the former lessee I, and the former lessee J, 163 at the time of receiving premiums from the victims, and concluded a contract on the transfer of business rights between the victim G and the existing lessee on February 7, 201.

In fact, the Defendants received KRW 30 million from the above H, KRW 80 million from the above I, and KRW 170 million from the above J as premium. The Defendants received KRW 170 million from the above J as premium.