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

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

Punishment of the crime

B is a person registered as a broker assistant of the office of “D Licensed Real Estate Agent” located in P in Pyang-si, and the Defendant is a practicing licensed real estate agent of the above “D Licensed Real Estate Agent” office.

No practicing licensed real estate agent shall allow another person to run brokerage business using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to another person.

Nevertheless, around February 23, 2012, the Defendant agreed to lend the certificate of licensed real estate agent to B at the office of the above "D Licensed Real Estate Agent" and had B establish the above "D Licensed Real Estate Agent" office and run the brokerage business from around that time to June 21, 2016.

Accordingly, the defendant lent the qualification certificate to the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Third police suspect interrogation protocol regarding B;

1. Partial statement of the police statement against the defendant;

1. Register of real estate brokerage offices;

1. Determination on the assertion by the Defendant of the receipt and the defense counsel

1. The summary of the argument is that the defendant has not leased the broker qualification to B.

2. "Lending of brokerage office registration certificate" prohibited by Article 49(1)7 of the Licensed Real Estate Agents Act means that another person knowingly lends his/her certificate of qualification to a licensed real estate agent with knowledge that he/she intends to engage in the business of the licensed real estate agent while carrying out his/her business as a licensed real estate agent by using the registration certificate

On the other hand, whether an unqualified person performs the business of a licensed real estate agent shall be determined according to whether an unqualified person actually performs the business by using the name of the licensed real estate agent without examining whether the licensed real estate agent is in appearance engaged in the business of the licensed real estate agent.

Supreme Court Decision 2006Do9334 Decided March 29, 2007, and 2012Do4542 Decided November 15, 2012