Gunsan Law Office Assistance Case | Gunsan Law Office Defends Against a Charge of Violation of the Licensed Real Estate Agents Act, Resulting in a Light Fine

The background of this case, as revealed through consultation with the Gunsan law office, is as follows. In fact, the client was an employee of a licensed real estate brokerage, and the issue was that he had used the company's trade name.

At the time of the initial contract, the client stated that he had mentioned the company's trade name in order to give the complainant a sense of trust.

Ultimately, because the complainant proceeded with a complaint for violation of the Licensed Real Estate Agents Act, the client ended up standing trial.

Together with the Gunsan law office, we will review the statutes on punishment for violation of the Licensed Real Estate Agents Act relevant to this case.

Licensed Real Estate Agents Act

Article 19 (Prohibition of Lending of a Brokerage Office Registration Certificate, etc.) (1) A practicing licensed real estate agent shall not allow another person to engage in brokerage business using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate.
②No person shall engage in brokerage business using another person's name or trade name, nor acquire or borrow another person's brokerage office registration certificate and use it.

Article 49 (Penal Provisions) (1) Any person who falls under any of the following shall be punished by imprisonment for not more than one year or a fine not exceeding ten million won.
7. A person who, in violation of Article 19 (1) or (2), allows another person to engage in brokerage business using his/her name or trade name, or transfers or lends a brokerage office registration certificate to another person, or who engages in brokerage business using another person's name or trade name, or acquires or borrows another person's brokerage office registration certificate

The Gunsan law office stated that the complainant, taking issue with the fall in the real estate market price, was demanding that the defendant return all amounts already paid. The office further emphasized that there was no problem with the contract between the defendant and the complainant.

The Gunsan law office emphasized that the defendant had admitted to conducting brokerage work using the company's trade name as an employee of a licensed real estate brokerage.

In addition, the office stated that the defendant was sincerely reflecting on this case and was resolving not to commit the same offense again.