The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is a broker who operates a DNA certified broker office in Pyeongtaek-gun C all over the charges.

No person shall allow another person to render brokerage services using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to another person.

Nevertheless, on March 1, 2011, the Defendant permitted F to act as a broker in the name of the Defendant’s office, and allowed F to act as a broker in the name of the Defendant’s office. On March 1, 2011, the Defendant: (a) entered into a real estate sales contract on the real estate of the seller’s real estate of the same real estate of the same D with G and the buyer H in the column in which the broker’s office is located; (b) entered “D official agent” and “A” in the column in which the broker’s office is located; and (c) placed the seal affixed by the Defendant’s name and the name of the Defendant’s private agent and the trade name of the D official office operated by the Defendant.

2. Determination

A. Article 38 (2) 3 of the former Real Estate Brokerage Act (amended by Act No. 7638 of Jul. 29, 2005) prohibits lending of a certificate of qualification to another person who knows that he/she intends to engage in a business of a certified broker by using his/her certificate of qualification and intends to engage in a business of a certified broker. Thus, even in cases where a certified broker takes part in the management of a brokerage office established in the name of the certified broker or invests in funds and distributes profits therefrom, it cannot be said that the certified broker lends the certificate of registration or certificate of qualification unless he/she carries out a real estate transaction brokerage business of the certified broker, which is a business of the certified broker, and unless the certified broker carries out the business of the certified broker, and unless he/she has a disqualified person carry out the business of the certified broker, it cannot be said that the certified broker lends the certificate of registration or certificate of qualification.