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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 15, 1987, the Defendant is a broker who received a certificate of registration of establishment of a brokerage office from the Yeongdeungpo Market.
No broker 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.
Nevertheless, on July 25, 2013, the Defendant, at the office of the D Real Estate Broker, located in G on July 25, 2013, used his name to E as a result of the mediation support, provided that the Defendant leased the F-owned house to H.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the interrogation of suspects of E;
1. Statement made by the police of the F;
1. An investigation report (Attachment to the register of real estate brokerage offices);
1. Application of Acts and subordinate statutes on real estate lease agreement;
1. The Defendant’s defense counsel asserts to the effect that the scope of “other persons” under Article 19(1)7 and Article 19(1) of the Act on the Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Certified Judicial Brokerage”) concerning criminal facts and the pertinent legal provisions of the former Authorized Judicial Brokerage Act and the former Authorized Judicial Broker’s Services and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Authorized Judicial Brokerage”) is not included in the scope of “other persons” under Article 19(1) of the former Authorized Judicial Brokerage Act, but the above provision does not provide that the brokerage assistant is excluded from “other persons”, and the brokerage assistant is not included in “other persons.”
In the case of a broker's simple business assistance related to the broker's brokerage, a broker assistant who is not a broker may actually perform the broker's business, and the broker's assistant is not included in the "other person" stipulated in the above provision.
Inasmuch as there is no reason to interpret the above argument, it shall not be accepted.
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.