Defendant

A broker shall not allow other persons to perform brokerage services using his/her name or trade name.

Nevertheless, on February 28, 2012, the Defendant: (a) at the “H Licensed Real Estate Agent Office” located in Seocheon-gu G and the first floor of Seocheon-gu, Seocheon-gu, and the first floor, the seller I and the J prepared a contract and arrange for the sale and purchase of housing between the seller I and the buyer; (b) the said B had the buyer sit in company with the buyer on behalf of the Defendant; and (c) had B enter the name and the name of the Defendant in the “ broker” column of the sales and purchase contract and affix the seal of the Defendant; and (d) had B

B. Although Defendant B was prohibited from acting as a broker by using another person’s name or trade name, the Defendant used A’s name and trade name at the same time and place as that of paragraph (1).

2. Determination

A. At the time of the instant assertion, Defendant A, a licensed real estate agent, had all brokerage services handled, and at the time, Defendant A entered into another contract and Defendant A instructed Defendant B to affix his/her seal on the contract document.

On the contrary, Defendant B cannot be deemed to have engaged in real estate brokerage business using the name and trade name of Defendant A.

The Defendants and the defense counsel asserted that Defendant A did not lend the certificate of brokerage office registration to Defendant B, but the facts charged of the instant case relate to the act of “a person who had another person engage in brokerage business using another person’s name or trade name” rather than lending the certificate of registration.

B. We examine this part of the facts charged.