The judgment of the court below is reversed.

Defendants shall be punished by a fine of two million won.

The above fine shall not be paid by the Defendants.

1. The summary of the grounds for appeal (the factual error) Defendant B appeared in the Licensed Real Estate Agent Office at the time of preparation of a sales contract, and directly reviewed the contract, and Defendant A only assisted the broker of Defendant B, and thus, Defendant B does not lend a certificate of qualification to Defendant A.

2. Determination

A. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.

The date and time of the instant crime is before June 4, 2013, which is the enforcement date of the former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 11866, Jun. 4, 2013) on March 30, 2013. As such, Articles 49 and 7 of the former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 11866, Jun. 4, 2013) shall apply to the criminal facts of this part. The criminal facts of this case shall also be referred to as “violation of Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act”

Nevertheless, the court below applied the Licensed Real Estate Agent Act to the facts constituting the crime of this case, and the judgment of the court below is no longer maintained.

In a case where the facts constituting a crime acknowledged by the court are identical without difference in the facts charged, even if the prosecutor sought the application of the new law after the revision of the corporation at the time of trial, there is no concern that if the gravity of punishment is not different from that of the crime, it would substantially disadvantage the defendant's exercise of his/her right to defense, and thus, it

(See Supreme Court Decision 2000Do3350 delivered on April 12, 2002). However, the defendants' assertion of misunderstanding of facts is still subject to the judgment of this court, and it is judged accordingly.

B. We examine the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court’s judgment regarding the assertion of mistake of facts, and examine the following circumstances admitted by these evidence.