The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

A fine shall not be paid by the defendant.

1. Reasons for appeal;

A. As to the portion not guilty of the facts, according to the franchise agreement between the F Co., Ltd. and the franchise store operator, F is in the position of a person who will cooperate in the execution of the franchise agreement in the life of the franchise store operator.

The defendant's act of receiving rebates from an artificial fishery operator while taking charge of F's business is in violation of the franchise agreement.

Accordingly, the FF has caused property damage to F such as the FF is liable for damages caused by breach of contract from the franchise store.

Nevertheless, among the facts charged in the instant case, the lower court rendered a not-guilty verdict as to the portion on which the Defendant received rebates in relation to the franchise store interior, namely, the number of offenses Nos. 1 and 3 attached to the judgment of the lower court, and there was an error of misconception of facts.

B. The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and duly admitted as to the assertion of mistake of facts, the fact that the Defendant received rebates in excess of 10% of the construction cost as the franchise store operator G from the Plaintiff who was the fishery business operator is recognized.

However, in this case, the chain store business owner directly concludes a contract for construction with a designer and pays the construction cost.

In this respect, F is different from the guilty part that is a party to the contract for construction as the interior of human body.

In other words, the defendant's additional payment of construction cost by receiving unfair rebates and the party who suffered direct economic damage is the chain store business owner or the F.

Officers and employees of the company, in the course of performing their duties, committed acts against the other party to the transaction of the company, and thus, the company's liability for damages has been at risk or lost

Even if a tort committed by a trade partner is a breach of trust in the course of business, it shall be determined that the tort committed by the trade partner is a victim.