The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is a person who operates “D real estate” in Gwangju Northern-gu C.

A certified broker for the opening of a business shall receive remuneration for the brokerage of objects other than a house within the limit of 0.9% of the purchase price from the clients as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport of the Republic of Korea.

Nevertheless, at the above real estate office around April 7, 2015, the Defendant: (a) mediated the right to sell the housing site of migrants, the client E, to F; (b) received KRW 2 million from F; (c) KRW 7 million from E as remuneration; (d) around April 30, 2015, the broker E requested to sell and purchase the housing site of migrants at the same place; and (e) received KRW 70 million from G as remuneration, and (e) received KRW 2 million from E.g., KRW 2 million and KRW 3 million from E.

2. The phrase “right to sell migrants housing sites” where the defendant's assertion of the defendant and his/her defense counsel arranged transactions is not a “subject matter of brokerage” as defined by the public law of brokerage.

Therefore, the facts charged of the instant case, which was indicted on the premise that the instant “right to sell the housing site for migrants” is “subject to brokerage” under the Certified Broker Act, is not guilty.

3. Determination

(a) Relevant statutes 1) Authorized Brokerage Judicial (amended by Act No. 12374, Jan. 28, 2014) Article 3 (Scope of Objects of Brokerage) of the Act (amended by Act No. 12374, Jan. 28, 2014) are:

1. Land:

2. Buildings and other fixtures on land;

3. Other property rights and articles prescribed by Presidential Decree: Article 32 (Mediation Remuneration, etc.) (1) through (3).

Matters necessary for the remuneration for brokerage and the limit of actual expenses under paragraph (2) shall be prescribed by municipal ordinance of the Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do") within the extent prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and the remuneration for brokerage of objects other than housing shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

§ 33. (Prohibitions)