A. While the Defendant had engaged in the heavy equipment rental business with the trade name “CJ” at a store F 104 when the misunderstanding of facts was made, the Defendant’s son also started real estate brokerage business with the trade name “C Licensed Real Estate Agent” at the store of this case.

Accordingly, the Defendant only kept a name printed by the Defendant as a broker's representative in the instant store in order to assist the Defendant to conduct real estate brokerage business of E, such as introducing brokerage articles to E.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Even if the Defendant’s conviction is recognized, the lower court’s sentence (700,000 won of fine) is too unreasonable in light of the fact that the Defendant had lived in good faith.

2. Determination

A. Although Article 8 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act provides that "no person, other than a licensed real estate agent, shall use the name of licensed real estate agent or any other similar name," the defendant, without licensed real estate agents, uses the name of "C real estate representative A" by printing the name of "C real estate agent A" and keeping it in the store of this case, as the defendant changed, if he intends to assist and help A's real estate brokerage business, it is reasonable to use only the name of the name named as the representative of the office of this case. However, the defendant used the name of the defendant as the representative of the office of this case, the defendant recognized the facts charged at the court below, and the defendant Eul acquired the qualification certificate by passing a licensed real estate agent examination in the middle of operating the heavy equipment business together with the defendant at the store of this case. The defendant intends to operate the heavy equipment business and brokerage business together with children at the same office of this case.