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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is an authorized broker of E in Busan, Nam-gu, and F was reported as the broker assistant of the above E on April 13, 2015, and the above E was during the period of business suspension from March 9, 2015 to March 23, 2015.
No authorized broker of the commencement of business shall allow any other person to render brokerage services using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to any other person.
Nevertheless, on February 2015, the Defendant: (a) made the name “F of the E office” to F, which is not reported as a broker assistant to the Middleman; (b) made it possible for F to use the trade name of the said real estate; and (c) made the said name to G, who visited the said real estate around March 20, 2015, as the broker G, who visited the said real estate.
2. Determination
(a) A certified brokerage broker shall not allow another person to render brokerage services using his/her name or trade name or transfer or lend his/her brokerage office registration certificate to another person;
In this context, the phrase "a person who allows another person to render brokerage services using his/her name or trade name" means that another person who is not a qualified broker actually performs the business of a certified broker even though it takes the same form as that in which the certified broker directly performs his/her business.
Meanwhile, in light of the purport of Article 49(1)7 of the Act, a certified brokerage broker who allows another person to engage in brokerage business using his/her name or trade name in an authorized brokerage shall be concurrently punished by the same statutory punishment as transfer or lending of the certificate of a brokerage office to another person (Article 49(1)7 of the Certified Judicial Brokerage Act), and the act of allowing another person to engage in brokerage business using his/her name or trade name as above is almost about the brokerage business.