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All appeals by the Defendants are dismissed.
The judgment below
Criminal facts are described in paragraph (1) 2, 5, and 9.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misunderstanding the facts as follows, which affected the conclusion of the judgment.
(1) The Defendants’ violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (A) contain advertising fees of KRW 1,500,000,00, and the advertising fees are actual expenses that a licensed real estate agent can lawfully receive. Thus, if advertising fees are deducted, the advertising fees paid by the Defendants do not exceed the statutory fees.
(B) Defendant A Co., Ltd. was not negligent in giving due attention and supervision to Defendant B, a brokerage assistant, to perform his/her duties, and thus, there is no liability for a crime under joint penal provisions.
(2) The Defendant B did not receive KRW 10,000,000 from the victim I.
B. Each sentence of the lower judgment on the Defendants of unreasonable sentencing (the Defendant A corporation: the fine of KRW 1,00,000, Defendant B: the fine of KRW 5,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. (1) According to Article 32(2) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 11866, Jun. 4, 2013; hereinafter “Licensed Real Estate Agents Act”), and Article 20(2) of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 115, Jul. 29, 2014), actual expenses that a licensed real estate agent may receive from a client are limited to expenses incurred in confirming the relation of rights, etc. of the object of brokerage or guaranteeing the performance of the obligation to return down payment, etc., and advertising expenses do not constitute advertising expenses, and this part of the Defendants’ assertion is without merit.
(2) In order to prevent Defendant A from receiving more than the statutory brokerage commission of the instant case, the intermediary assistant, Defendant A, etc., due care and care.