No broker shall make an error of judgement by the client by means of false words and behavior, etc., concerning important matters relating to transaction of the object of brokerage.

On December 19, 201, the Defendant: (a) mediated the sale and purchase of the instant land between the buyer G and the selling agent H with respect to the size of KRW 1693 square meters, which is the object of brokerage (hereinafter “instant land”); and (b) under the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”) and the Enforcement Decree of the same Act, the Defendant did not confirm whether the instant land can be installed a grave on the instant land without confirming whether it is possible to install a grave on the instant land; and (c) ordered G to conclude a contract with G to purchase the instant land at KRW 63 million on the part of the client, who is the broker, to the effect that “it is possible to install a grave on the instant land”; and (d) concluded a contract with G to purchase the instant land at KRW 63 million.

As a result, the defendant committed an act of causing the judgement of the client by false words or other means on important matters regarding the transaction of the object of brokerage.

2. Determination

A. Article 14(6) of the Funeral Services Act, Article 15 of the Enforcement Decree of the said Act, and attached Table 2 of the said Act stipulate the standards for establishment of private graveyards.

According to the above provisions, a family cemetery or a clan cemetery shall be established at a place not less than 300 meters away from a road, river area or its prearranged area, and (2) at least 20 authorized houses, schools, and other places where the public gather from time to time, but the same shall not apply where the Mayor, etc. recognizes that there is no hindrance to the function, use, etc. of the above facilities in light of land or topographical conditions.