The defendant shall be innocent.

1. A person who intends to engage in 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;

The defendant without registering the establishment of a brokerage office with the head of the Gu, etc., establishes a camera "C" on the Internet following site, and around January 24, 2012, the Yangcheon-gu Seoul Metropolitan Government E from Yangcheon-gu D to E and F.

G. A real estate exchange contract for exchanging 101, 102, 104, and H 5,228 square meters of forests and fields at the time of Jinjin-si owned by F, and carried on the brokerage business by receiving two million won of brokerage commission from E.

2. According to Article 9(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “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 in which he/she intends to establish a brokerage office. The act of running a brokerage business without the registration of establishment of such brokerage office is subject to punishment pursuant to Article 48(1) of the Act.

However, Article 2 subparag. 3 of the Act provides that "a brokerage business" refers to a business of providing brokerage services at another person's request with a certain remuneration. Thus, even if a brokerage business is engaged in such business, so long as a certain remuneration is not paid, it cannot be deemed that a brokerage business subject to punishment pursuant to Article 48 subparag. 1 of the Act is engaged in such business.

On January 25, 2012, the following circumstances acknowledged by the record, namely, E and F’s agent I, when entering into the said real estate exchange contract, entrusted two million won each of the contract performance guarantee to the Defendant, and where one party violates the contract, he/she agreed to pay the other party the above two million won as penalty. The Defendant, according to the above agreement, on January 25, 2012, agreed to pay the performance bond from E to the other party.