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Defendant
A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of ten months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A
가. 피고인의 지위 및 임무 피고인은 ‘I’이라는 영업표지를 이용하여 떡볶이, 튀김, 순대 등 식품을 판매하는 분식 전문점 가맹사업을 하는 주식회사 J(이하 ‘J’라 한다)의 대표이사 내지 사내이사로서 위 회사의 업무를 총괄하는 사람이다.
I A franchisee shall observe appropriate standards for goods or services presented by the franchiser, facilities and appearance of the place of business, and means of transport in accordance with the relevant statutes and franchise agreements, use goods, materials, etc. supplied by the franchiser, and design and design interiors in accordance with the specifications determined by the franchiser.
As a result, I franchiser supplied a franchisee with main food materials to be used by the franchise store through an enterprise selected by the franchisor for the franchisee, and designed and built the franchise store interior. The defendant supplied the franchisee with goods or services at reasonable prices and expenses without giving or receiving money and goods for solicitation from the J and the franchisee for the franchisee. Despite the fact that there is a duty to handle the interior design and construction business in a fair manner, I franchiser supplied major food materials to the franchisee and had the franchisee acquire profits by receiving a certain amount of price on the condition of continuous transactions from the designated company in selecting the person design and construction business company.
B. Around August 29, 2008, the Defendant was in breach of trust due to the receipt of money from B, and the Defendant was in breach of trust at the J office located in the second floor in Gangdong-gu Seoul, Gangdong-gu, Seoul, and at the B, supplied food materials to the I A franchise store, “The Defendant supplied food materials to the I franchise store, taking full charge of calculating the sales of food materials to the I franchise store and reducing the total sales amount by 8%.”