The defendant's appeal is dismissed.

1. Article 7(1) of the former Act on the Business Affairs of Certified Broker and Report of Real Estate Transactions (amended by Act No. 11866, Jun. 4, 2013) provides that “No certified broker shall allow another person to render brokerage services using his/her name or transfer or lend his/her certificate of qualification to another person.”

“The Defendant did not allow F to use the Defendant’s name.” The Defendant did not allow F to use the Defendant’s name.

In addition, there is no evidence to acknowledge that F did not have to use the name of the defendant since the contract was not prepared in this case, and that F used the name of the defendant's authorized broker or brokerage office.

2. Determination:

A. “Lending the qualification certificate of a certified broker” prohibited under Article 7 of the former Act on the Business Affairs of and Report on Real Estate Transactions (amended by Act No. 11866, Jun. 4, 2013) refers to lending the qualification certificate itself to another person even though he/she knows that he/she intends to perform his/her duties as a certified broker by using his/her qualification certificate. Whether an unqualified person performs his/her duties as a certified broker should be determined based on whether he/she actually performs his/her duties by using the name of the certified broker, regardless of whether the certified broker actually takes the form of performing his/her duties (see, e.g., Supreme Court Decisions 2006Do934, Mar. 29, 2007; 2015Do5506, May 12, 2016).

1. The mother of the defendant by an authorized broker who has used the office of this case as the director of the office of this case

F In January 2013, in the instant office, F was intended to lease an apartment owned by him at the time of the lease and lease another apartment.