공인중개사법위반
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor, it is reasonable to view that the Defendants arranged the transaction between the parties to the transaction of the object of brokerage (the site to be supplied with the future) under Article 3 of the Licensed Real Estate Agents Act, and there is also the necessity to punish the Defendants with regard to such acts as stated in the facts of the first and second public prosecution of this case.
However, since the court below acquitted the first and second facts of this case on the ground that there is no proof of crime, the court below erred in misunderstanding of facts.
2. The summary of the facts charged of the instant case (the fact of the first prosecution - the unregistered brokerage business] shall be registered with the establishment of a brokerage office to the head of Si/Gun/Gu having jurisdiction over the area where the person intends to establish a brokerage office.
1. Nevertheless, Defendant A, on August 26, 2014, without registering the establishment of a brokerage office with respect to D real estate located in Mapo-gu Seoul Metropolitan Government, and without registering the establishment of the brokerage office to the head of the competent Si/Gun/Gu, Defendant: (a) the Korea Land and Housing Corporation promoted from Jun. 26, 2006 at the Goyangyang-gu E and F Day; and (b) upon the request of I, held the status of a buyer with respect to “Yyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, and 182 square meters” as a result of the implementation of the Housing Site Development Project, he/she was granted KRW 10 million from the purchase and sale of the above number of real estate between his/her female and the buyer’s J; and (c) in return, he/she was granted KRW 10 million from I’s mother M as a brokerage commission around September 16, 2015.
In addition, the Defendant, from August 2014 to September 16, 2015, operated an unregistered brokerage business, such as the attached crime list 1, on a total of three occasions, and received a total of KRW 29 million from the parties to the transaction.
Accordingly, the defendant runs the brokerage business without the registration of establishment of the brokerage office.
2. Nevertheless, Defendant B: (a) around February 2, 2015, the Defendant was raising a game.