The prosecutor's appeal is dismissed.

1. Even though the condominiums of the grounds for appeal can be seen as the object of brokerage of licensed real estate agents, the lower court determined that they do not constitute the object of brokerage.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles.

2. The principle of no punishment without law requires that crimes and penalties be determined by law in order to protect individual freedom and rights from arbitrary exercise of the state penal authority.

In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to expand or analogically interpret the meaning of the explicit penal law in the direction unfavorable to the defendant as it is against the principle of no punishment without law.

(see, e.g., Supreme Court Decision 2012Do4230, Nov. 28, 2013). We examine the instant case.

In this case, the object of the defendants' brokerage is a condominium membership in the registration system.

However, as indicated in the judgment of the court below properly, the right to share in the guest room and the right to use facilities against the entire condominiums are indivisible, and the contents of the real estate and the right are inconsistent with those of the real estate that are legally stipulated as the object of brokerage of a licensed real estate agent, and thus, it cannot be concluded that the right to share in the guest room and the right to use facilities are stipulated as

In addition, according to the records of this case, the Ministry of Land, Transport and Maritime Affairs (the Ministry of Land, Transport and Maritime Affairs or currently changed to the Ministry of Land, Transport and Maritime Affairs) who administers the registration of establishment of the brokerage office of licensed real estate agents also takes the position of authoritative interpretation as to whether the registered real estate agents' right of condominium membership is included in the brokerage office of licensed real estate agents, and the fact-finding reply with the president of the Korean Licensed Real Estate Agent Association also