Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No franchiser may enter into a franchise agreement with a person who intends to obtain a franchise, unless it has provided the franchise disclosure statement registered with the franchisor and documents concerning the current status of neighboring franchise stores or 14 days have not passed since the relevant franchise disclosure statement, etc. was provided.

Nevertheless, around January 29, 2014, the Defendant entered into a franchise agreement with the F, a franchisor, as the head of the D business team of the E, affiliated headquarters, as the head office of the Gangnam-gu Seoul Metropolitan Government, at the 315 KJ office, and entered into the franchise agreement with the F, a franchise applicant, as the head of the D business team of the E, the affiliated headquarters, around 14 days prior to the date of entering into the contract, as if the above franchise disclosure statement, etc. were provided around 14 days prior to the date of entering into the contract, and signed the franchise agreement with the receipt confirmation certificate.

Accordingly, the defendant entered into a franchise agreement with the applicant for franchise unless 14 days have passed since the provision of the franchise disclosure statement.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a certificate of receipt of information disclosure statement;

1. Article 41 (3) and Article 7 (3) of the Act on Fair Transactions in Franchise Business Transactions (Selection of Penalty) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;