The defendant is innocent. The summary of this judgment shall be notified publicly.

No certified broker conducting business of opening the summary of the facts charged shall allow another person to render brokerage services using his/her name or trade name.

On the condition that C and C receive 20% of the monthly loan fee and profit as payment from C, the Defendant registered a brokerage office in the name of the Defendant’s certified broker’s name, using the Defendant’s certified broker’s certificate (hereinafter “instant certified broker’s office”), and actually allowed another person to render brokerage services using the said trade name, thereby allowing the Defendant to perform brokerage services using the said trade name.

Judgment

1. The summary of the defendant's and defense counsel's assertion is that the defendant directly run the pertinent authorized broker office, and that he was in a partnership relationship with C, not that he lent the certificate of qualification as a certified broker or the trade name of the brokerage office to C

2. “Lending of a certificate of qualification as a certified broker” prohibited under Article 7 of the Act on the Protection, etc. of Certified Judicial Agents refers to lending the certificate of qualification itself with the knowledge that he/she intends to engage in the business of a certified broker by using his/her certificate of qualification to another person. Thus, even in cases where a certified broker is involved in the management of a brokerage office established in the name of the certified broker or invests in funds and distributes profits therefrom, if the certified broker is not required to perform the act of brokering real estate transaction, which is the business of the certified broker, in the relevant brokerage office, and if the certified broker is not required to have the qualification broker perform the business of the certified broker, it cannot be said that the certified broker lends his/her certificate of registration or certificate of qualification. Meanwhile, whether an unqualified person performs the business of the certified broker shall be externally conducted by the certified broker.