The prosecutor's appeal is dismissed.

The gist of the prosecutor’s appeal is that, in full view of the evidence submitted by the prosecutor, the defendants conspired to commit a violation of Article 18(2) of the Certified Judicial Brokerage Act during the instant period, but the court below erred by misapprehending the legal principles or thereby affecting the conclusion of the judgment.

However, in full view of the following circumstances revealed through the records of this case, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendants conspired to commit a violation of Article 18(2) of the Certified Judicial Brokerage Act during the period of this case, and there is no other evidence to acknowledge this otherwise. Thus, the prosecutor’s allegation as above is without merit.

(1) The definitions of terms used in Article 2 (Definition) of the relevant provisions of the Authorized Broker Act shall be as follows:

2. The term “authorized broker” means a person who has acquired the qualification as an authorized broker under this Act;

4. The term "authorized broker of a business opening" means a person who has registered the establishment of a brokerage office under this Act;

Article 8 (Prohibition of Use of Similar Name) No person who is not a certified broker shall use the name of a certified broker or similar.

Article 18 (Name) (1) An authorized broker for business shall use the word "official office" or "real estate brokerage" in the name of his/her office.

(2) No person, other than an authorized broker, shall use the name "authorized Broker Office", "real estate brokerage", or any other name similar thereto.

In light of the content and legislative intent of Article 18(2) of the Authorized Brokerage Act, in order to protect the property rights of the people from illegal brokerage by an unqualified or unregistered broker, there is a risk that a person who is not a Authorized Brokerage Agency or a Authorized Brokerage Agency which is not registered as a Brokerage Office may mislead the general public as an Authorized Brokerage Agency which has registered the establishment of a Brokerage Office.