All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Since the substance of the building of the Fcheon City Franchising that Defendants arranged for mistake of facts and misapprehension of legal principles is not a house, it is justifiable to accept brokerage commission equivalent to 0.9% of the purchase price, which is the maximum brokerage commission fee, in the trade of commercial buildings, since it is not a house.

In addition, even if the above building constitutes a house, since the entire land of Chuncheon City (hereinafter “instant land”) cannot be deemed as the land annexed to the instant building, it cannot be concluded that the Defendants received money exceeding the statutory maximum brokerage commission rate.

B. The lower court’s punishment of unreasonable sentencing (2 million won by each fine) is too unreasonable.

2. Determination

A. Although the Defendants asserted that the lower court had the same purport as the grounds for appeal in this part, the lower court rejected the said assertion on the grounds of various detailed circumstances as indicated in its reasoning in the part of “judgment on the Defendant’s argument”.

In the above judgment of the court below, the following circumstances are revealed by comprehensively taking account of the evidence duly adopted and examined by the court below. ① The building of this case is a detached house on the building ledger, and accordingly, the "real estate sales contract" was prepared at the time of the instant brokerage act, and the use of the building was stated in the above contract as "self-house", and the "a description verifying the object of brokerage" was stated as "a building ledger: a detached house: a building for the purpose of use: a single house; a single house for the actual purpose: a single house; and a brokerage fee is clearly stated as an amount calculated by multiplying 320 million won by 0.4%; ② the building of this case has been used as a gas station in the past, but the use was changed to a detached house after the removal of facilities related to the gas station business.