Text
Defendants are not guilty.
Reasons
1. The facts charged against Defendant A is an authorized brokerage agent for a commencement of business, which operated a brokerage office in the name of “G Authorized Brokerage Office” from around August 2012 to the name of “G Authorized Brokerage Office” in the G Authorized City F.
No certified brokerage broker who provides brokerage services shall allow any third person to render brokerage services using his/her name or trade name, and no one shall render brokerage services using another person's name or trade name.
1. On July 1, 2015, Defendant A, at the above brokerage office, had Defendant B, who is not an authorized broker, engage in the business of a sales contract with respect to “30 square meters of H-si 330 square meters” using the name of the Defendant’s G certified broker office and the name of the Defendant’s certified private broker.
2. Around July 1, 2015, Defendant B performed the brokerage business of a sales contract for the “330 square meters in Masung-si H,” using the trade name of A’s public agent office and the name of A’s public agent, at the above brokerage office.
2. Determination
A. Defendant A’s assertion that the Defendants did not allow Defendant B to use his name, etc. nor directly act as a broker.
The argument is asserted.
Defendant
B asserts that, after giving real estate consulting to I, only the payment of the price is made, there is no act of brokerage by using the name of the defendant A and the trade name of the office of operation A.
B. The term “loan of brokerage office registration certificate” refers to the lending of a certificate of a brokerage office registration to another person who knowingly engages in the business of a certified broker by using his/her name or trade name to another person under Article 49(1)7 of the Certified Judicial Brokerage Act refers to the lending of a certificate of qualification itself, even though he/she is aware that another person performs the business of a certified broker by using his/her registration certificate.
In light of the purport of providing transfer and lending acts concurrently and punishing them as the same statutory penalty, the above person’s name or trade name is used.