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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal by the prosecutor;
A. Although the F and the Defendant agreed to receive KRW 10 million from the victim as the premium in the D Licensed Real Estate Agent Office, the Defendant received KRW 13 million from the victim after receiving KRW 13 million for the said office premium from the victim and received KRW 13 million for the said office premium from the victim, and issued KRW 10 million for the premium to F, and the Defendant acquired KRW 3 million for the fee. Thus, the crime of fraud is established.
B. The part of the charge of violating the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act is related to the act of lease and lease transfer contract brokerage of F office rather than the act of brokering the principal's premium, and the defendant's act of mediating the principal's act of acting as an intermediary is an intention to continue and reflect, and thus, the act of mediating the principal's act of acting as a broker is established
C. Nevertheless, the court below rendered a not-guilty verdict on each of the facts charged of this case, and the judgment of the court below is erroneous in the misapprehension of facts.
2. Determination
A. As to fraud, the Defendant’s summary of the facts charged is the Office of Licensed Real Estate Agent in Nam-gu Incheon on December 1, 2010 (hereinafter “instant Office”).
In light of the above, while mediating a lease and lease transfer contract to victims E, the above office was formed by means of a false statement that the premium of the above office was KRW 13 million, and the complainant was obtained KRW 13 million from the victim on December 15, 2010 and acquired KRW 3 million from the victim. 2) The lower court determined that the amount of the premium in the transfer of the right of lease is not an objective phenomenon that can be objectively determined, and in principle, it is determined by the transaction party's own decision, and it cannot affect any legal relationship arising from the transfer of the right of lease.