The defendant shall be innocent.

1. The Defendant is a certified customs broker who operates a real estate brokerage office in the name of “C” from around December 2008 to Namyang-si.

No certified broker, etc. for commencement of business shall arrange for sale and purchase, exchange, etc. of certificates, etc. related to sale in lots, lease, etc., the transfer, mediation, etc. of which is prohibited by related statutes or engage in such trade as a business

Nevertheless, on February 19, 2014, the Defendant: (a) arranged a purchase and sale contract for the right to sell a housing site to the migrants of the owner F to be expropriated in the public housing site area of this E (area 29.62 square meters) at the office of the real estate intermediary, which is prohibited from transferring, arranging, etc. at the office of the real estate intermediary, at the request of the purchaser G; (b) received KRW 2 million in consideration of the purchase and sale contract; and (c) drafted a land purchase and sale contract for the right to sell a housing site of the said migrants at the same place on December 1, 2016, with the seal of the parties concerned; and (d) prohibited the act by signing a land sale and sale contract for the right to sell a housing site of the said migrants (H, area 236 square meters) at the same place.

2. Determination

A. According to the evidence duly adopted and examined by this court, following the following facts: ① (a) after the designation and announcement of the “prearranged area for the development of housing sites for I” under the Housing Site Development Promotion Act was made on or around December 2007, the said Prearranged area was converted into the Bogeumjari Housing District; (b) around April 19, 2012, the Defendant sold D housing located in Namyang-si located in the said district to the Gyeonggi-do Si Corporation; and (c) on February 19, 2014, the Defendant arranged a sales contract for the sale of the housing site to sell the housing site to G to be sold by F as a person subject to the supply of the housing site; and (c) after the public announcement of the supply of the housing site for the relocation of the Gyeonggi-do Si Corporation was made on September 26, 2016 through a lottery on October 13, 2016, the Defendant entered into the housing site supply contract with H (236 square meters) with G, as above, and (4) the Defendant sold the housing site to G around 16.