The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the facts charged was from January 10, 2014 to use the name “C Representative” as “C Representative” in the Defendant’s office located in Kimpo-si, Kimpo-si, and used D’s outdoor advertisements.

2. The gist of the grounds for appeal is that the Defendant did not use the name similar to either licensed real estate agents or real estate brokers.

3. Determination

A. The content and interpretation of the applicable provisions of Acts (1) Article 8 of the Business Affairs of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014) stipulates that no person, other than licensed real estate agents, may use the name of licensed real estate agents or any other similar name; Article 18(2) provides that a person, other than licensed real estate agents, shall not use the name of "licensed real estate agents office", "real estate brokerage", or any other similar name; and Article 49(1)1 and 6 shall each be punished in violation of Article 18(2).

(2) The principle of clarity of the interpretation criteria means that anyone can anticipate the contents of the act and punishment subject to punishment and to clearly define the elements of punishment so that he/she can make a decision on his/her act accordingly. Even if a concept requiring complementary interpretation by a judge is used somewhat broad, the legislative purpose, overall contents, structure, etc. of the crime cannot be viewed as violating the principle of clarity in cases where a reasonable interpretation standard can be found that an act constituting the elements of punishment or an actor's type is to be standardized or limited by understanding and judgment of the general public who has

(see, e.g., Supreme Court Decisions 2006Do920, May 11, 2006; 2007Do6185, Sept. 24, 2009). Therefore, the Criminal Act and subordinate statutes using a somewhat broad concept should be interpreted as elements of a crime, as understood in a sound general public.

(3) The construction of applicable provisions of law shall be governed by the law of licensed real estate agents.