The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 400,000.

The defendant does not pay a fine.

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts is the broker of the instant real estate sales contract between E and F and received two million won brokerage commission from E. The above 2 million won includes not only the brokerage commission due to the brokerage of the instant real estate sale and purchase, but also the brokerage commission for the sale and purchase of the Health Institute’s certificate of business license, business registration certificate, fixtures and equipment, etc. which had existed on the instant real estate, and thus, the Defendant cannot be deemed to have received a brokerage commission exceeding the statutory commission in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act. Thus, the judgment of the court below

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 400,000) is too unreasonable.

2. Determination

A. In the facts charged, the ex officio determination prosecutor filed an application for changes to the amendment of an indictment with the content that “the ex officio determination prosecutor receives two million won in cash from F with brokerage commission” as “the commission received two million won in cash from E,” and since the subject of the adjudication was changed by this court’s permission, the judgment of the court below was no longer maintained.

However, the court below's determination of facts is still subject to the judgment of this court within the scope related to the changed facts charged despite the above reasons for ex officio destruction.

B. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts, namely, ① the instant real estate sales contract only states the instant real estate as the subject matter of sale, and without mentioning any mentioning the sales price limit, business license certificate, business registration certificate, fixtures, equipment, etc., on the instant real estate, the business license certificate, etc. is separately determined.