The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the broker of the instant sales contract was personal-friendly and did not specify “D” in preparing a sales contract, and the Defendant himself/herself stated that he/she was acting as a broker rather than H. In light of the substance and form of the instant sales contract, the Defendant cannot be deemed as acting as a broker as a licensed real estate agent affiliated with the broker H in all aspects, but the lower court rendered a judgment of not guilty on the basis of the fact that H merely a mere cohabitant, who is not a legal husband at the time of the instant sales contract, was registered as a real estate office. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

(a) A person who intends to engage in brokerage business of the substance of the facts charged shall register the establishment of a brokerage office with the competent authority;

Nevertheless, on May 20, 2009, the Defendant run the brokerage business by mediating the sales contract for G land, etc. in the case of sowing between E and F without registering the establishment of a brokerage office with the competent authority.

B. In full view of the relevant provisions of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, the lower court determined that in the event that a licensed real estate agent acts as a licensed real estate agent affiliated with a broker who registered the establishment of a brokerage office, if he/she acts as a broker, he/she shall not be deemed to bear the duty of registering the establishment of a brokerage office under Article 9(1) of the said Act. According to the evidence submitted by the prosecutor, the Defendant is recognized as having acted as a broker for a real estate sales contract without registering the establishment of a brokerage office with the competent authority as stated