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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is a representative director of D Co., Ltd. (hereinafter referred to as “D”), a person in charge of the management of a company, fund management, etc., as the representative director of D Co., Ltd. (hereinafter referred to as “D”), while jointly operating the Defendant and D, and E is a person in charge of duties, such as entering into and operating a franchise store contract with a large distribution enterprise, such as a lot store, and soliciting shop owners.
Defendant and E entered into a lease agreement to sell and settle food, such as chickens, supplied in the name of a department store. However, according to the above agreement, the right to sell and sell goods at a shop supplied by a lot shopping is not guaranteed. Even if the place of sale is scheduled to be supplied, the right to lease is not transferred or transferred to a third party without the prior consent of a lot shopping even if it is planned to be supplied. As such, the transferee of the right to operate the store did not have any intent or ability to guarantee the right or status as the owner of the right to operate the store as the owner of the store in the lot department, and even if it was not possible to receive approximately KRW 370,000,000,000,000 won, the obligation of D continued to operate the store as the owner of the right to use the store in the lot department store, and even if it was decided to do so, it was not possible for D to receive the right to use or status as the owner of the right to operate the store.
E shall follow the direction of the defendant.