Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant among July 2014, 2014, at a regular restaurant in the E-cafeteria located in Nowon-gu, Seoul (hereinafter “instant restaurant”) in Nowon-gu, Seoul, the Defendant tried to conduct franchise business by moving the head office to I.

Upon the conclusion of a franchise agreement, it is intended to provide the F points to the party and to provide the know-how with the operation of the party, such as providing the Guide and so on, and promoting the store.

“A false statement” was made.

However, the Defendant did not intend to provide management know-how according to the terms of the contract by concluding a franchise agreement with the victim.

The Defendant received a total of KRW 220 million, including KRW 20 million on July 31, 2014, KRW 150 million on August 29, 2014, KRW 150 million on August 29, 2014, and KRW 50 million on September 22, 2014, from the victim to the account under the name of the Defendant as a franchise and premium.

B. In full view of the following circumstances acknowledged by the prosecutor’s statement protocol, contract, franchise agreement, and each description of separate special agreement and the evidence No. 1-2 submitted by the defense counsel against the victim, witness D, G, H’s testimony, and inquiry of the facts about the Korea Fair Trade Mediation Agency, the lower court’s judgment shall prepare for franchise business and the victim’s restaurant of this case.