The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, although the court below acquitted the defendant of the facts charged in this case, the court below erred by misapprehending the legal principles as to the fact that the defendant had C rendered real estate leasing brokerage services using the name or trade name of the defendant.

2. Determination

A. The summary of the facts charged in the instant case is the brokerage assistant of the "E-Certified Agent" in the Nam-gu Seoul metropolitan area D 101, and the defendant is the representative of the above certified broker.

In 2015, the Defendant had C perform real estate rental brokerage business using the name and trade name of the Defendant in mediating the lease agreement for the "G" store located in the Nam-gu Seoul metropolitan area, Nam-gu.

B. The lower court found the Defendant not guilty of the facts charged on the ground that, in light of the following circumstances acknowledged by comprehensively taking account of the adopted evidence, the statement made by H and I investigative agencies alone cannot obtain conviction that C actually performed brokerage duties using the Defendant’s name.

(1) On December 9, 2014, the Defendant: Gwangju D 101 (hereinafter referred to as “instant shopping mall”) owned by C, the Defendant.

B) On December 19, 2014, the Plaintiff leased KRW 20 million on the condition of KRW 1.5 million monthly rent, and thereafter, on December 19, 2014, the Plaintiff opened an office of “E-Official Broker” (hereinafter the instant brokerage office) at the instant commercial building and registered the Defendant and the brokerage assistant as C.

The Defendant: (a) placed the latter as a broker assistant to a unregistered broker; (b) basically divided the sales commission revenue into three parts: (c) three parts; (d) up to November 2015, the Defendant paid C the monthly rent of the instant commercial building.

② On April 17, 2015, J transferred to K the right to lease a store of KRW 500 million.

In relation to the transfer of the above right of lease, the real estate monthly rent contract and the object of brokerage.