A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

Around December 2009, the Defendant entered into a franchise agreement with the head office of the 'Maguri' (hereinafter referred to as the "head office") and the 'Maguri D' (hereinafter referred to as the "main store") located in the Daegu Seo-gu, Seogu, Daegu, and operated the said store until December 2013.

The franchise contract entered into with the head office as above is a kind of consignment contract under which the defendant operates the store on behalf of the head office, and receives 28% of the total sales commission. The defendant, the head of the franchise, cannot transfer the store to a third party in mind. No premium shall be paid from a third party even in cases where the defendant transfers the store to a third party with the approval of the head office.

Nevertheless, on August 16, 2013, the Defendant entered into a store acquisition agreement with the victim F to the effect that “if 100 million won is paid for premium, 100 million won shall be transferred to the Plaintiff by October 31, 2013” at the Daegu-gu coffee shop, the Defendant would allow the Plaintiff to take over the store as a preferential down payment within the promised period, and would be new within the interior of the store, and if the store is unable to take over the store within the promised period, the Defendant would return the full down payment without interruption.” The Defendant received 70 million won from the victim to the agricultural bank account in the name of the Defendant’s mother’s G used on August 20, 2013.

However, in fact, although the Defendant, as the franchisor, could not transfer the said store in mind, the Defendant did not have obtained prior approval from the franchisor headquarters to transfer the said store to the victim. In addition, when concluding a franchise contract with the head office on December 2, 2009, the Defendant invested KRW 35 million from H to prepare deposit money, etc. with the head office, and the amount invested within the period of promise.