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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The injured Party B is a company running the business of children’s English education franchise store in the name of “C”, and the accused is a person who entered into a contract between the injured party and the injured party to operate the affiliated regional headquarters (hereinafter “branch”) in the Daejeon Seo-gu, Dong-gu, and Jung-gu, Daejeon from April 18, 2012 to April 10, 2014.

Under the above contract, the defendant has been acting for all or part of the business of the franchisor, such as recruitment of franchisees, maintenance of the quality of goods or services, management of franchisees, support for, education on, and control of business activities, etc. In accordance with Articles 3 and 7(2) of the contract of the branch, the defendant has a duty of due care as a good manager in performing his/her duties, and comply with the victim's regulations, business manuals, etc.

On October 11, 2013, when the Defendant entered into a franchise agreement of D'E's "E" franchise store at a non-permanent area below Daejeon, the Defendant agreed to guarantee the business area of 2,312 households and expressed the business area as 500 households in breach of such occupational duties, despite the fact that there are occupational duties to establish a business area in accordance with the criteria for establishing the victim's franchise store business area (private teaching institute type 2,00 households, 1,000 households in case of small teaching businesses, and 500 households in case of public book book type).

Accordingly, the Defendant recognized the above D as a business area of 2,312 households recognized in the case of a private teaching institute-type chain store, thereby obtaining pecuniary benefits of 1,50,000 won (2.5 million won in the case of a private teaching institute-type and a small teaching institute-type store in 2013, and one million won in the case of a private teaching institute-type and a small teaching institute-type store in 2013), and suffered damage equivalent to the same amount for the victim.

Summary of Evidence

1. Witnesses' respective legal testimony in relation to D, F and G;

1. Written description of the particulars of preparation of the D. D.