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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) while operating a B Licensed Real Estate Agent Office with C, the Defendant only prepared each contract entered in the facts constituting the crime of the lower judgment in order to inquire of the principal purchaser of the amount of the funds that can be loaned to him/her as security during the absence of C, and thus, the contract was not actually
Therefore, the above case does not constitute a case where a broker takes over or borrows the registration certificate of a brokerage office from the broker, or provided brokerage services using the name or trade name of the broker, and even if so, the defendant does not have the intent to commit a crime because the preparation of a contract for the purpose of credit inquiry related to the loan does not constitute brokerage
Nevertheless, the judgment of the court below recognized that the defendant had rendered brokerage services using the name of C and the trade name of B Licensed Real Estate Agent Office by preparing the above contract, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles, which affected
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the Defendant, from around 2003, operated a brokerage office jointly with C, an authorized broker, and operated the office under the name of B Licensed Real Estate Agent Office, which was the name of B on January 5, 2011 (the Defendant registered as a broker around March 18, 2009; the Defendant bears KRW 20 million and KRW 5 million of the premium of the above office; the Defendant bears the burden of KRW 20 million and KRW 5 million of the deposit). The Defendant, during the absence of C, at the above brokerage office on January 14, 2012, a sales contract on the said real estate between D and D on January 14, 2012, between the owner under subparagraph 02 of the above Article 6 and the owner under subparagraph 301 of the Namdong-gu, Incheon Metropolitan City Lonebol-dong and EF on February 15, 2012, between the owner of the above real estate and the owner under subparagraph 2, subparagraph 1, 2,5.