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Defendants are not guilty.
Reasons
1. The summary of the facts charged is Defendant A, from around December 2014, who is an authorized broker operating the “F Authorized Broker Office” in the Southern-gu, Busan, and 101, and Defendant B is an assistant to the above certified broker office.
Defendant
A around February 20, 2016, around 11:26, at the above authorized brokerage office, had B, the cause of mediation support, prepare the studio lease contract between G and H between the lessor and the lessee in order to mediate the rental contract for real estate.
As a result, Defendant A used his name or trade name to act as a brokerage assistant, Defendant B provided brokerage services in the name of a certified broker even though he is not a certified broker.
2. The prosecutor bears the burden of proving the facts charged in a criminal trial against the judgment below, and the conviction of the guilty ought to be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it with the benefit of the defendant.
Therefore, according to the evidence duly adopted and investigated by this court, the defendants' acts suspected of violating the public brokerage law are recognized.
However, the indictment in this part of the facts charged (i.e., the act that Defendant B, a private broker of which Defendant A is only a broker assistant around February 20, 2016, prepares a studio lease contract between the lessor and the lessee and the lessee H, etc. on the following grounds: Provided, the indictment in this case states that “ around February 20, 2016, allowing the lessor and the lessee to prepare a studio lease contract between the lessor and the lessee, etc.” However, since the act falling under “, etc.” is not entirely specified in the facts charged, it is seriously restricted to the Defendants’ exercise of their right to defense. Thus, the indictment in this case is on February 11, 2016.