The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

A violation of the Licensed Real Estate Agents Act, which is established by allowing a practicing licensed real estate agent to render brokerage services using his/her trade name to another person, is not a business crime.

Even if the above crime is a business crime, it should be viewed that one crime is established by the other party who allowed the use of the trade name.

The judgment of the court below that acquitted the defendant on the ground that the defendant was found guilty by the act of having the defendant render brokerage services using his trade name at the same place is erroneous in the misapprehension of legal principles.

The summary of the facts charged regarding the grounds for appeal is that the Defendant is a practicing licensed real estate agent who has registered the establishment of a brokerage office in Jongno-gu Seoul Metropolitan Government with the trade name of “C Licensed Real Estate Agent Office”, and D is a person who is reported as a brokerage assistant of the said C Licensed Real Estate Agent Office, and E is a person who acts as a real estate broker in the said C Licensed Real Estate Agent Office without reporting

No practicing licensed real estate agent shall 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.

On March 15, 2018, the Defendant, a practicing licensed real estate agent who registered the establishment of a brokerage office, had E engage in brokerage services using the “C real estate” trade name while mediating a real estate exchange contract between H and I from G alone located in the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant allowed another person to render brokerage services using his trade name.

After recognizing the following facts, the lower court determined that “In the event of the instant crime, the place where the commission of the crime occurred is entirely identical, and the contents of the Defendant’s final and conclusive judgment, in itself, allow many employees to engage in real estate brokerage by using a name box under his/her supervision, etc., so at this time, E is reported.