On December 1, 2010, the Defendant, at the office of Incheon Metropolitan Government D Licensed Real Estate Agent, mediates the above office to the victim E a lease or lease transfer contract, and the fact that the above office's premium is KRW 13 million, but is false to the complainant, he/she received KRW 13 million from the victim on December 15, 2010, and acquired KRW 13 million from the victim.

(b) A person who intends to engage in brokerage business in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act shall register the establishment of a brokerage office with a competent authority in an area where he/she intends to establish a brokerage office under

Nevertheless, on December 1, 2010, the Defendant run the brokerage business without registering the establishment of the above licensed real estate agent office, and without registering the establishment of the brokerage office, by acting as a broker for the lease or lease transfer contract for the F office, and receiving an amount of KRW 500,000,000 from E and F, respectively.

2. Determination

A. In the transfer of right of lease with respect to fraud, the amount of the premium is not a phenomenon that can be objectively determined, and in principle, it is determined by the transaction party's own decision, and it cannot be said that there is an obligation to notify the situation that does not interfere with the realization of the right by the transferee because it is not possible to affect any legal relationship arising from the transfer of right of lease by transfer and takeover to the person arranging the transfer of right of lease. Therefore, even if the defendant said that the premium for the real estate of this case is KRW 13 million to the victim, it cannot be deemed a deception in fraud, and there is no evidence to prove that

B. Regarding the violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.