The defendant shall be innocent.

1. A person who intends to engage in brokerage business of the summary of the facts charged in the instant case shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office in accordance with the Ordinance of

Nevertheless, the Defendant, without registering the establishment of a brokerage office on November 1, 201, arranged the purchase and sale of real estate (sale price of KRW 1,840,00,00) with a size of 11,9801 square meters and 499 square meters of land located in G, located in the Republic of Korea, the buyer Co., Ltd. and the seller D, and E, in the local-nam Eup located in Y-si around 1, 201, and received KRW 10,000,000 as a brokerage fee from H, the representative director of the buyer, at that time.

Accordingly, the defendant was engaged in brokerage business without registering the establishment of a brokerage office.

2. In a false criminal trial for conviction, the conviction should be based on evidence of probative value that leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree to have such conviction, the determination should be based on the defendant’s interest even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). In addition, the evidence submitted by the prosecutor alone cannot be readily concluded that the defendant’s act of engaging in brokerage upon another person’s request as “business of receiving certain remuneration” as prescribed in Article 2 subparag. 3 of the Certified Private Judicial Act without reasonable doubt.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.