The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below convicted the defendant on the premise that the defendant was guilty, although the defendant was working as a certified broker belonging to the certified broker office of A operation E, and did not engage in brokerage business by using another person's trade name. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. Even if the court below found a guilty of an unfair domestic affairs, the sentence (2 million won in penalty) imposed by the court below is too unreasonable.

2. Determination

A. According to Article 19(2) of the Certified Private Brokerage Act, no person shall engage in brokerage services using another person’s name or trade name.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's assertion is without merit, since it is sufficiently recognized that the defendant used the trade name of the E-office of the certified broker A, who is another person, to engage in the brokerage business.

① From January 2, 2012, prior to the occurrence of the instant case, the Defendant was operating the NEM’s office as its representative in Gyeyang-gu M.

On the other hand, the defendant was not registered as a certified broker or reported as a certified broker of the E office in the operation of A or as a brokerage assistant.

2. A, together with the Defendant, performed brokerage services at the E-authorized Brokerage Office, and the Defendant divided 50% of the brokerage commission at the time of transaction sex, and did not pay a separate fee, such as salary.

At the time of the case, the defendant was in the above office only if there are special cases.

③ G filed a complaint with an investigative agency against a certified brokerage agent of the E-official office on the grounds of the receipt of excessive brokerage fees as stated in paragraph (2) of the facts constituting the lower judgment, and entered the Defendant, A, and I as the Defendant.

G on April 2, 2015