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Defendants are not guilty.
Reasons
1. Defendant A of the facts charged in the instant case is a licensed real estate agent operating “F Licensed Real Estate Agent Office” in Article 103 of the Gwangju Northern-gu E Commercial Building 103.
Defendant
B is a licensed real estate agent belonging to the H Licensed Real Estate Agent Office (Representative I) located in G in Ghana.
Defendant
A Licensed real estate agent 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.
Defendant
A on August 22, 2012, at the above F Licensed Real Estate Office, stated the name and the trade name of the F Licensed Real Estate Agent Office in the " broker" column of the commercial lease contract stating that "a lessee shall lease the same store located in the North-gu Seoul Special Metropolitan City (J) in the lessee at KRW 50 million, monthly and KRW 3 million." On August 22, 2012, A provided the above brokerage act with the name and trade name of the defendant A.
As a result, Defendant A had Defendant B act as a broker on his name and trade name.
(hereinafter referred to as the “instant brokerage” or “instant brokerage act” in the above lease agreement or coffee shop agreement. In addition, the said coffee shop was “the instant coffee shop.”
Defendant
B No person shall render brokerage services using another person's name or trade name, or use another person's brokerage office registration certificate through taking over or borrowing the certificate.
Defendant
B rendered brokerage services using Defendant A’s name and trade name as above.
2. Defendants’ assertion is merely a joint intermediary act of this case, and they do not lend or borrow the name and trade name of Defendant A to the extent that they were acting as intermediary.
3. Determination
A. According to the evidence duly examined on the facts found, the following facts can be acknowledged:
Defendant
N, which was a brokerage assistant of A, is to the extent that the defendant B is reasonable for the instant brokerage act.