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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles with F to operate an authorized brokerage office in such a manner that the defendant has invested expenses for establishment of a licensed real estate agent office from F and distributed brokerage fees received by the defendant by dealing with the brokerage business by distributing them, and even if a licensed real estate agent participates in the management of a brokerage office that has completed registration of establishment in the name of the licensed real estate agent or has invested funds in the name of the licensed real estate agent and distributes profits therefrom, it cannot be said that the licensed real estate agent himself/herself lends a certificate of registration to a licensed real estate agent without using a certificate if the licensed real estate agent does not perform the act of brokerage of real estate agent's business, which is the licensed real estate agent's business, in the name of the licensed real estate agent. However, the court below recognized that the defendant lent the F Licensed Real Estate Agent's
B. The sentence imposed by the court below on the defendant (the fine of KRW 3,000,00) is too unreasonable.
2. Determination
A. As to the mistake of facts or misapprehension of legal principles, Article 19(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agent Act”) provides that “A broker shall not 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.”
Here, the term "loan of Brokerage Office Registration Certificate" means that another person knowingly intends to conduct the business of a licensed real estate agent by using his/her registration certificate and lends his/her registration certificate itself. Thus, a licensed real estate agent has completed the registration of establishment in the name of his/her licensed real estate agent.