Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

No person, other than an official certified broker, shall use the name of the official certified broker or any name similar thereto.

Nevertheless, from June 1, 2015 to September 1, 2017, the Defendant indicated “D real estate” on the first floor of the building located in Jinju-si, its windows, walls, and signboards, and indicated “D real estate” and indicated “electric source housing, land, housing, forest, apartment, factory, site development, consultation, exchange, and mediation.”

Accordingly, the defendant, who is not a certified broker, used the name similar to the certified broker office, the real estate brokerage office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act and Article 49 (1) 6 and Article 18 (2) of the Judicial Act as an optional brokerage of criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 18(2) of the Criminal Procedure Act provides that “A person, other than a certified public broker, shall not use the name “a certified public broker office,” “real estate brokerage,” “real estate brokerage,” or any other similar name.”

In addition, whether a person falls under such similar name shall be determined by whether the general public is likely to mislead the person using the name as an authorized broker or an authorized broker for the commencement of the business (see Supreme Court Decision 2014Do12437, Jul. 23, 2015). Article 1 provides that “The purpose of the certified brokerage law is to enhance the expertise and to contribute to the national economy by prescribing matters concerning the duties, etc. of the certified broker and promoting the real estate brokerage business in a sound manner,” Article 2 subparagraphs 1 and 3 of Article 2 provides for the definitions of “mediation” and “ brokerage business”, Article 3 provides for the scope of the object of brokerage, land, etc. in Article 3, and Article 2 provides for the qualifications, etc. of the certified broker, etc. in Chapter 3, and Article 48.