D is the brokerage assistant of the defendant.

D on April 27, 2017, at the Posco higher than that located in Seongbuk-gu, Daegu-gu, the sales office, and from G which requested sale to a certified brokerage broker F who operates the "E certified brokerage office", the sales office of H apartment 103 Dong 504 (hereinafter referred to as "the apartment of this case") was directly purchased at KRW 39,2580,000,000 from G.

The Defendant signed and sealed the apartment sales contract of this case in the column of the broker, and jointly mediated the real estate transaction.

In this way, the defendant and D have traded directly with the client G.

2. If a direct transaction with the client is conducted with an authorized broker or a brokerage assistant for the determination of the opening of the business (hereinafter collectively referred to as “exclusive broker, etc. for the opening of the business”), he/she shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won (Article 48 subparag. 3 and Article 33 subparag. 6 of the Authorized Judicial Mediation Act). Here, “direct transaction” refers to a case where an authorized broker, etc. for the opening of the business becomes the counterpart to the transaction of the client (see Supreme Court Decision 2005Do4494, Oct. 14, 2005). The relationship between the broker and the broker is created by contract (see Articles 22 and 23 of the Authorized Judicial Brokerage Act). The facts charged in itself, the instant apartment ownership was sold to G, not by a private person, but by requesting the F to sell it.

As in the facts charged, it is not a broker for a person who has not been requested to affix his/her seal on the column of the transaction contract broker.

Since G is not a client, the defendant is not a broker, it does not constitute an authorized broker, etc. of the business in which direct transactions are prohibited.

D is not a brokerage assistant belonging to the F in receipt of a request for brokerage from G, and it does not fall under the opening of business, the direct transaction with G is prohibited.

The defendant's accomplice (the main sentence of Article 33 of the Criminal Act) cannot be deemed to have established the principal offense.

3. Conclusion.