The judgment below is reversed, and the case is remanded to Incheon District Court Panel Division.

The grounds of appeal are examined.

Pursuant to Article 8 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by the Licensed Real Estate Agents Act, Act No. 12374, Jan. 28, 2014; hereinafter “former Licensed Real Estate Agents Act”), a person, other than licensed real estate agents, is not using the name of licensed real estate agents or any other name similar thereto. Pursuant to Article 18(2) of the former Licensed Real Estate Agents Act, any person, other than licensed real estate agents, shall not use the name of “licensed real estate agents office

In addition, whether it falls under such similar name should be determined by whether a general person is likely to mislead a person using such name as a licensed real estate agent or practicing licensed real estate agent.

The lower court found the Defendant not guilty, on January 10, 2014, on the facts charged of the instant case where the Defendant used the name “C representative” at the Defendant’s office located in Kimpo-si, Kimpo-si, and installed the outdoor advertisements indicated as D, based on its stated reasoning, it is difficult to view that the foregoing name tag or outdoor advertisements are not licensed real estate agents, and thus, it is difficult to recognize the general public as being qualified as licensed real estate agents or as being acting as real estate agents.

However, according to the evidence duly admitted, the signboards set up by the defendant are indicated in large letters as “C”, as small letters as “C, strengthening the whole land, house, factory sale and lease specialized,” and the standing signboards installed on the road are indicated as “D” and “C representative” and “real estate development” in small letters as “D”, and on the front side of the name cards used by the defendant, the name of “C representative” is written, and on the back side of the name cards used by the defendant.