The defendant shall be innocent.

1. A person who intends to run a brokerage business shall carry on the brokerage business after registering the establishment of a brokerage office to the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office under the conditions as prescribed by Ordinance of the Ministry

Nevertheless, on August 2010, the Defendant arranged a real estate sales contract between the buyer D and E without registering the establishment of a brokerage office for the real estate sales contract between the buyer D and E with respect to the real estate sales contract for the real estate sales contract for the real estate of 496 square meters, which is part of the 496 square meters in front of the bus terminal in Masan, Masan,

2. Determination

A. According to Article 9(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, a person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office, and the act of running a brokerage business without the registration of establishment of such brokerage office shall be subject to punishment pursuant to subparagraph 1 of Article 48

However, Article 2 subparag. 3 of the same Act provides that brokerage business refers to the business of acting as a broker at another person's request for a certain amount of remuneration. Thus, in the event of promising to receive remuneration or demanding remuneration from the parties to the transaction of the object of brokerage without actually receiving any remuneration from the parties to the transaction of the object of brokerage, it shall not be subject to punishment under Article 48 subparag. 1 of the same Act, and thus, it shall not be subject to punishment under Article 48 subparag. 1 of the same Act. In addition, there is no separate provision punishing the act of promising or demanding the above remuneration separately or any provision punishing the attempted crime of violating Article 48 subparag. 1 of the same Act, and therefore, there is no provision punishing the act of attempted to commit the act of mediating the transaction of real estate without registering the establishment