Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A is a certified broker who has completed the registration of establishment of a brokerage office under the name of “C real estate (D)”, and Defendant B is a brokerage assistant of the said brokerage office.

1. No certified defendant A shall allow another person to render brokerage services using his/her name, or transfer or lend his/her certificate of qualification to another person;

Nevertheless, on April 24, 2017, the Defendant leased the Defendant’s certificate of qualification as an authorized broker by allowing B to engage in brokerage business under the name of the Defendant, at the foregoing brokerage office located in Seongbuk-gu E building in Seongbuk-gu, Sungnam-si, and the above brokerage office located in F, G C7 stories H.

2. No person who is a defendant B shall take over or borrow another person's qualification certificate as an authorized broker and use it;

Nevertheless, the defendant, at the time, place specified in paragraph 1, and at the location specified in paragraph 1, arranged a lease contract for the building in the name of a certified broker A, thereby borrowing A's certificate of qualification as a certified broker.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. A witness I and each legal statement of the J;

1. Four copies of the registry of real estate brokerage offices, copy of the commercial lease agreement, recording book, and letter photograph [the Defendants and the defense counsel did not have a relation of lending or lending a certificate of qualification of an authorized broker under the lease agreement as stated by the Defendants.]

The argument is asserted.

Article 2 (6) of the Act on the Mediation and Arbitration of Certified Private Brokers provides that a person who is not a certified broker and is affiliated with a certified broker and assists in simple affairs related to the brokerage of a certified broker, such as field guidance and general affairs of the object of brokerage, shall be defined as a person who is not a certified broker.

In addition, whether a person without qualification has performed the work of an authorized intermediary or not, in appearance, has taken the form of direct performance of the work.