Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 2,500,000.

The Defendants respectively.

Punishment of the crime

1. Defendant B is a licensed real estate agent.

A licensed real estate agent may not allow another person to render brokerage services using his/her name, or transfer or lend his/her certificate of licensed real estate agent to another person, but the defendant agreed to lend the certificate of licensed real estate agent monthly from No. 300,000 to A around November 2014, on the condition that the certificate of licensed real estate agent shall receive KRW 300,000 per month from A, and the defendant lent the certificate of licensed real estate agent to A from November 20, 2014 to August 2016, and let A mediate the sales contract for E/F and the sales contract for many unspecified persons.

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

2. Although Defendant A was prohibited from taking over or borrowing, or using, another person’s qualification certificate, the Defendant agreed to obtain a license of a licensed real estate agent on the condition that he would pay KRW 300,000 per month to D, 301 Dong 1, around November 2014. From November 20, 2014 to August 20, 2016, the Defendant arranged for a sales contract against E and F’s sales contract and against many, unspecified persons by borrowing the qualification certificate of licensed real estate agent under B’s name from November 20 to August 2016.

Accordingly, the defendant borrowed and used the qualification certificate of licensed real estate agent.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning the F;

1. Each police statement of E;

1. An investigation report (report accompanied by a detailed statement of account transactions to be submitted), an investigation report (report accompanied by a detailed statement of account transactions to be submitted);

1. Answer of the current status of the real estate brokerage business entity and the registration ledger of the real estate brokerage office;

1. Application of the statutes governing a real estate sales contract;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 49(1)1 and 7(2) of the Licensed Real Estate Agents Act (to select a fine by universal control);

(b) Defendant B: Articles 49(1)1 and 7(1) of the Licensed Real Estate Agent Act (generally, referring to the selection of fines);

1. Defendants to be detained in the workhouse: each criminal law.