beta
Text
Defendants are not guilty.
Reasons
1. Summary of the facts charged in this case
A. Defendant A, as a certified intermediary operating “G” in F and 104 at Yangju-si, and around June 11, 2016, around 18:30 on G real estate, Defendant A had B, not a certified intermediary, act as a broker for the housing lease contract of H apartment 108 Dong 1602 at Yangju-si.
B. At around June 11, 2016, Defendant B rendered brokerage services for housing lease agreement that rents H apartment units 108 Dong 1602 to J in Yang-si, Yangju-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Lee, 18:30, using the name of the above certified broker A.
B. Defendant C, at both weeks, was a certified broker operating the “L Authorized Broker Office” in K and 101, and around 18:30 on June 11, 2016, the said G had D, the cause of support for the brokerage, D, at both weeks, arrange for a housing lease agreement of H apartment 108 Dong 1602 at two weeks.
(d)
Defendant
D The Defendant was working as a broker assistant for the office of a certified brokerage office of C operation, and around June 11, 2016, around 18:30 of the above G G real estate, the Defendant rendered a brokerage service for the housing lease agreement leased to J, 108 Dong 1602 of H apartment at Yangju-si, the name of the certified broker C in the above G real estate.
2. In light of the determination, Article 7(1) of the Act provides that “A certified broker shall not allow another person to render brokerage services using his/her name, or transfer or lend his/her certificate of qualification to another person.” Here, the phrase “a certified broker shall allow another person to render brokerage services using his/her name.” Even though it takes the same type as that in which a certified broker directly performs his/her duties, another person who is practically disqualified is performing the business of a certified broker.
On the other hand, in the authorized brokerage law, the act of allowing another person to render brokerage services using his/her name is prescribed concurrently as the act of transferring or lending a certificate of qualification and the same statutory penalty should be punished.