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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who operated restaurant “G” and “H” (hereinafter referred to as “each of the instant businesses”) operated on the first and second floors of the building located in Gangnam-gu Seoul Metropolitan Government F (hereinafter referred to as “instant building”).
On August 28, 2012, the Defendant was invested in KRW 200 million from the victim I, and decided to conduct a partnership with respect to each of the instant workplaces operated on the first floor and the second floor of the instant building. The victim shall pay to the Defendant the amount equivalent to 2% of the total sales of the two places of business and 50 million won or more on the last day of each month, and the amount equivalent to 5% of the total sales shall be paid on the last day of each month. In the case of lease deposit in the settlement of a partnership relationship, the victim entered into a partnership agreement to allocate 80% of the deposit, 20% of the deposit, the Defendant, the Defendant, and the victim
(2) On March 5, 2014, the Defendant and the victim agreed to liquidate the relationship between the Defendant and the Defendant, and the Defendant entered into a contract for acquisition of the right to transfer all of the rights to the instant building to the said J in advance on April 30, 2014, and the victim completed the business of each of the instant workplaces on the same day, and on the same day, delivered the instant building to the saidJ on the same day.
The Defendant received premium of KRW 280 million from the said J on March 5, 2014, and KRW 250 million on March 7, 2014, and KRW 280 million on March 7, 2014, and received KRW 200 million from the owner of the instant building on April 30, 2014.
Therefore, as above, the Defendant terminated the agreement with the victim on April 30, 2014 on the business partnership of the instant workplace, and was in combination with the victim for the sake of the victim.