The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act of misapprehending the legal doctrine constitutes “an act of causing an error of judgment by making a false speech or behavior concerning important matters relating to transaction of an object of brokerage, thereby causing an error of judgment by the client.”

B. In fact, the Defendant, who is the client, should prepare only KRW 3.45 billion, which would compensate for the purchase price, by paying to F the broker fee of KRW 30 million from the seller to F.

It is recognized that "" was ".

2. Determination

A. The summary of the facts charged in the instant case is a certified intermediary operating real estate brokerage business with the trade name “E” in Gwanak-gu, Seoul Special Metropolitan City D.

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, around April 2016, the Defendant: (a) acted as a broker for the purchase of the building at the above office of the “EA certified broker” in Seoul Special Metropolitan City, Gwanak-gu, a seller G; (b) concluded that “F would have to pay to F the broker fee of KRW 3,450,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

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

As such, the Defendant deceiving F and caused F to 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 judgment of F, which is the client, by false words and behavior concerning important matters relating to transaction of the object of brokerage.

B. The lower court’s judgment is difficult to recognize the instant facts charged only by the evidence presented by the prosecutor.