The appeal is dismissed.

The grounds of appeal are examined.

1. Article 9 of the former Act on the Services of Certified Private Broker and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Act on Certified Private Brokerage”) and Article 13 of the former Enforcement Decree of the Act on the Services of Certified Private Brokerage and Report of Real Estate Transactions (amended by the Enforcement Decree of the Certified Private Brokerage Act No. 25522, Jul. 28, 2014; hereinafter “former Act”) impose on a person who intends to engage in brokerage business the obligation to establish a brokerage office on a person who intends to engage in brokerage business, and the certified certified broker or representative is an authorized broker, and at least 1/3 of executive officers or employees (referring to an unlimited member of the unlimited liability partnership or limited partnership company), excluding the representative, can only register the establishment of a brokerage office with a specific private legal entity.

Article 48 subparagraph 1 of the former Authorized Brokerage Act provides that a person who runs a brokerage business without registering the establishment of a brokerage office under Article 9 shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won.

In order to enhance the expertise of authorized brokerage business and foster real estate brokerage business in a sound manner, only a corporation that meets certain requirements under the name of an authorized brokerage or authorized brokerage company can establish a brokerage office and operate real estate brokerage business after registering the establishment of a brokerage office.

Therefore, even if a person who is unable to establish a brokerage office at the beginning is engaged in real estate brokerage business without registering the establishment of a certified brokerage office, as well as real estate brokerage business without a certified brokerage office, he/she should be subject to criminal punishment under Article 48 subparagraph 1 of the former Certified Judicial Brokerage Act.

2. On July 3, 2014, the lower court, without registering the establishment of a brokerage office, mediates the Defendant, who is not an authorized broker, to sell G land owned by the D Co., Ltd., the representative director of which is the D Co., Ltd., and around that time, the representative director.