A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

A person who intends to run a real estate brokerage business shall register the establishment of a brokerage office with the competent authority pursuant to relevant Acts and subordinate statutes.

Nevertheless, the Defendant did not register the establishment of a brokerage office with the competent authority on July 3, 2014, at the D Co., Ltd. office located in C808, Namyang-si, Namcheon-si, the seller of the land, as the representative director of the D Co., Ltd., the seller of the D Co., Ltd., who arranged the buyer to sell the land to G, and received KRW 15,500,000 from F in terms of brokerage fees.

Accordingly, the defendant runs real estate brokerage business without registering the establishment of a brokerage office.

Summary of Evidence

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the prosecution against the F;

1. Statement made by the police with regard to F;

1. H's certificate of fact;

1. It is recognized that the Defendant received money of KRW 15,50,000,00 from F to F in terms of brokerage commission, in view of the fact that the amount of money received from F exceeds considerably the ordinary brokerage commission fee under the real estate brokerage commission fee, and that F consistently stated that the Defendant paid money of KRW 15,50,000,000 to the Defendant in the name of brokerage commission.

On the other hand, the purport of Article 48 subparagraph 1 of the former Act on the Services of Certified Judicial Agents and Report of Real Estate Transactions, which is the applicable law of this case, should be interpreted as allowing a natural person to run real estate brokerage business after being registered only when he/she is qualified as a certified judicial broker in order to enhance the expertise of the certified judicial broker.

On the other hand, even if a person who is qualified as a certified broker operates brokerage business without being registered as a certified broker, it would not be punished if a person who is not qualified as a certified broker runs brokerage business without being registered as a certified broker.

Therefore, the crime of violation of Article 48 (1) of the above Act is committed.