Defendants are not guilty.

1. Defendant A is an authorized representative director of Seocho-gu Seoul Metropolitan Government Dispute Resolution (hereinafter “instant company”) and Defendant B is a brokerage assistant affiliated with the said company.

No person shall render brokerage services using another person's name or trade name, and no certified brokerage broker shall allow another person to render brokerage services using his/her name or trade name.

Defendant

B On October 2016, upon request of E to act as a broker for the opening of a new building from a person who visited the above office to a police officer, B explained the current status, location, relationship of rights, etc. of real estate while visiting the several places of a building by waiting for E from around that time to November 25, 2016. Accordingly, E decided to lease the entire five floors among the buildings located in Gangnam-gu Seoul Metropolitan Government G owned by F (hereinafter “the building of this case”).

Accordingly, on November 25, 2016, Defendant B entered into a lease agreement with a lessor’s agent H (F’s partner) with a deposit of KRW 100 million, monthly rent of KRW 500,000,000, and the lease period of KRW 24 months on the building at the instant office on November 25, 2016, and explained the current status, terms, etc. of the object of brokerage to the said H and E again, and obtained the signature of Defendant A’s name and seal impression as well as E’s statement of confirmation of the object of brokerage.

As a result, Defendant B rendered brokerage services using the name of a private person above A, and Defendant A had Defendant B render brokerage services using the name of a private person of a certified brokerage.

2. Determination

A. Article 19(1) of the Authorized Brokerage Act provides that “No certified broker who runs a business shall allow another person to render brokerage services using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate to another person.” Here, he/she shall name or trade name of another person.