Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

A person who intends to run a brokerage business shall register the establishment of a brokerage office with the competent administrative agency.

However, without registering the establishment of a brokerage office, the defendant does not do so.

1. At the office of Do certified judicial scrivener at Kimhae-si on June 13, 2009, the seller and the buyer F as intermediary for the sales contract on the land and the five-story building on the land of Dong-gu Busan and the five-story building at the office of Do certified judicial scrivener at Kimhae-si on June 13, 2009,

2. On July 2, 2009, at the first floor public service center of the Busan Northern-gu Office, the seller and the buyer (ju) were engaged in the brokerage business by mediating the sales contract for H, I land and buildings on the land and buildings on the land between E and E and the buyer (ju) The seller was paid KRW 47,500,000 as a commission.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Each police statement to E, F, and J;

1. Written judgment (201Gahap8129);

1. Court rulings (209Sang5481); and

1. Application of each real estate sales contract and a copy thereof to statutes;

1. Criminal facts before the amendment by Act No. 11690, Mar. 23, 2013;

[1] Articles 48 subparag. 1 and 9(1) of the Licensed Real Estate Agents Act (hereinafter “Licensed Real Estate Agents Act”)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around July 2, 2009, without registering the establishment of a brokerage office, the Defendant, at the first floor public service center of the Busan Northern District Office, engaged in the brokerage business by receiving KRW 95 million as a commission, from the seller, a sales contract for H, I land and buildings on the E and the land of the seller between E and the purchaser (the purchaser) and the purchaser (the purchaser).

2. As seen earlier, there is no evidence to prove that the Defendant, as stated in the facts charged, acted as a broker for a sales contract and acquired the final commission amounting to KRW 47.5 million, and that the Defendant acquired KRW 95 million above that. As such, the facts charged constitute a case where there is no proof of crime, and thus, the latter part of Article 325 of the Criminal Procedure Act applies