The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is a certified broker who operates real estate brokerage business with the trade name “E” in Gwanak-gu in Seoul Special Metropolitan City.

No certified broker shall make any judgement on important matters concerning transaction of the object of brokerage by means of false words and behavior or by other means.

Nevertheless, on April 2016, the Defendant concluded that, while mediating the sale and purchase of the H commercial building in Seoul Special Metropolitan City, which is a seller’s G, the victim F, who requested the purchase brokerage of the building at the above office of the “EA certified broker,” the Defendant would not arrange for KRW 3,480,000,000 for the seller’s purchase price, and thus, the Defendant attempted to waive the sales contract as the victim failed to pay the purchase price to the victim KRW 3,450,000,000,000 to compensate for the purchase price.”

However, the defendant did not intend to pay to the victim even if he received 30 million won brokerage commission from the seller.

As such, the Defendant, by deceiving the victim, had the victim enter into a sales contract for the above commercial building.

As a result, the defendant, as an authorized broker, committed an act of causing the judgement of the client, by making a false speech or behavior concerning important matters in transaction of the object of brokerage.

2. Determination

A. A. Article 33(4) of the Act provides that a broker, etc. of a business shall not conduct any act of causing an error to the client's judgment by means of false words or other means concerning important matters relating to transaction of the object of brokerage in question. The "important matters relating to transaction of the object of brokerage in question" includes not only matters concerning the object itself, but also matters concerning the price, etc. of the object of brokerage in question so far as such matters can be seen as important matters relating to transaction in question (see Supreme Court Decision 2008. Feb. 1, 2008).