The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant did not run real estate brokerage business without the registration of the brokerage business as stated in the facts charged of the instant case, and there was no advertisement such as posting a flick card to publicize rent during the preceding month.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. As to the act of unregistered brokerage, Article 2 subparag. 1 of the Act on the Protection, etc. of Non-Registration, Article 2 subparag. 1 of the Act on the Protection, etc. of Civil and Political Parties provides that "the term "mediation" means the act of arranging the transaction, exchange, lease, and other gain, loss, and transfer of rights between the parties to the transaction with respect to the object of brokerage under Article 3, and Article 2 subparag. 3 of the Act provides that "the brokerage business refers to the act of conducting brokerage at another person'

Here, an act of brokerage includes not only the case where a broker receives a request from both parties to a transaction, but also the case where a broker acts as to the purchase and sale, exchange, lease, or any other acquisition or modification of rights of the object of brokerage at the request of either party to a transaction (see Supreme Court Decision 94Da47261, Sept. 29, 195, etc.). In addition, the term "seriously engaging in the business of brokerage" refers to the continuous engaging in the business of brokerage. As such, the issue of whether a broker is actually engaged in the business of brokerage shall be determined in accordance with social norms by comprehensively taking into account various circumstances, such as the continuity of the act of brokerage, continuity of the act of brokerage, etc., existence of business nature, etc., and purpose, size, collection, period, and appearance of the act of brokerage, and if a broker acts as a broker with an intention to continue the act of brokerage as well as a continuous act of brokerage

Even if it falls under this, (see Supreme Court Decision 2004Do1080 delivered on April 27, 2004, etc.).