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Defendant
A shall be punished by imprisonment for four months.
Defendant
B The summary of the judgment of innocence as to Defendant B is not guilty.
Reasons
Punishment of the crime
Defendant
A, as the representative director of the FF operating the petroleum refining system business, he/she takes charge of the business of managing the company's funds.
1. On September 15, 201, Defendant A entered into a franchise agreement with the “I” office located in the H building located in Gangnam-gu Seoul Metropolitan Government, on the condition that he would receive KRW 50 million from the injured partyJ, and at the same time, Defendant A agreed to pay the profits to the injured party while operating the said K store under the consignment agreement. Accordingly, the injured party paid monthly taxes and personnel expenses for the said K store, and the said K store operator was in charge of operating the said K store in accordance with the consignment operation agreement.
However, on November 201, 201, Defendant A unilaterally notified the victim of the difficulty in operating the said K store due to the decrease of visitors due to the downcoming of the Han River, which was a patrolman, of the said K store, and the victim demanded the Defendant A to refund KRW 50 million for the expenses of opening the store. As the victim demanded the Defendant A to refund the amount of KRW 50 million, Defendant A agreed to set up a new franchise store on the L in Chuncheon-do, Gangwon-do, for the victim, or sell the said K store to another place after selling the said K store to the victim.
Since then, Defendant A contacted with the State in order to establish L in order to establish the F Chain Store, but around March 2012, Defendant A opposed to the establishment of (State)M’s operator N around March 201, and (i) OmadoF’s large shareholder around July 2012, Defendant A was ultimately liable to sell the said K points and pay the proceeds therefrom to the victim.
Defendant
A around September 2012, around 2012, selling the above points to Q and R in the (ju) F Office in Seoul Special Metropolitan City Ptel 809, for KRW 31 million.