가맹사업거래의공정화에관한법률위반
Defendant shall be punished by a fine of KRW 7,000,000.
In order to order the provisional payment of an amount equivalent to the above fine.
Punishment of the crime
The defendant has its head office in the 13th floor of Jongno-gu Seoul Metropolitan Government, and is a franchisor that grants franchisees the right to operate a franchise store in relation to the franchise business of the spam food restaurant.
1. If a franchiser that directly receives a franchise fee fails to enter into a contract, etc. for indemnity of franchisees when it receives the franchise fee subject to the deposit, it shall require the franchise business operator, including a prospective franchisee, to deposit the franchise fee in the depository and shall not receive the franchise deposit directly from the franchise business operator in violation of such provision;
Nevertheless, around October 8, 2015, the Defendant violated the Fair Transactions in Franchise Business Act in relation to the Defendant’s business by concluding a franchise agreement with a prospective franchisee D and receiving KRW 26,318,250 from the office of the above Defendant, from that time, entering into a franchise agreement with the total number of prospective franchisees by December 23, 2016, as shown in attached Table 1, including entering into a franchise agreement with the total number of prospective franchisees by December 23, 2016.
2. If a franchiser that has violated its duty to provide an information disclosure statement, etc. fails to provide the registered information disclosure statement and documents on the current status of neighboring franchisees or 14 days have not passed since such documents were provided, it shall not receive a franchise fee or enter into a franchise agreement from a prospective franchisee;
Nevertheless, the Defendant concluded a franchise agreement with E (F) which is a prospective franchisee on September 3, 2015 and received KRW 26,536,500 as franchise fees on October 8, 2015. From that time, the Defendant violated the Fair Transactions in Franchise Business Act in relation to the Defendant’s business by concluding a franchise agreement with the total number of prospective franchisees by November 5, 2015, as shown in attached Table 2, including entering into the franchise agreement with the total number of prospective franchisees by November 5, 2015.
Summary of Evidence
1. Each police officer with respect to G and C.