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The Defendants are not guilty. The summary of the judgment against the Defendants is published.
Reasons
1. Summary of the facts charged in this case
(a) No certified brokerage broker of defendant A shall allow any other person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to any other person;
Nevertheless, around March 18, 2016, the Defendant, at a public brokerage office operated by the Defendant in Seodaemun-gu Seoul Metropolitan Government, had B perform the brokerage work under H A-A-404 of Seodaemun-gu Seoul Metropolitan Government, using the name of “G public brokerage office” operated by the Defendant.
B. Although Defendant B is not a certified broker, around March 18, 2016, the Defendant rendered brokerage services using the name of “G Official Agent” in the G Official Agent Office operated by Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the name of “G Official Agent”, and used another person’s trade name.
2. Determination
A. Article 19(1) of the Certified Judicial Brokerage Act provides that “No certified broker who runs a business shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person.” Here, the phrase “a certified broker who allows another person to render brokerage services using his/her name or trade name” refers to an act of another person who is practically disqualified in performing the business of a certified broker, even though it takes the same type as that of a certified broker directly performing his/her business.”
Meanwhile, in light of the purport of allowing a certified brokerage broker to render brokerage services using his/her name or trade name by transfer to another person and lending the registration certificate of a brokerage office to another person concurrently, and punishing the same statutory penalty is imposed (Article 49(1)7 of the Certified Judicial Brokerage Act), the above name or trade name is used.