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

From May 16, 2012 to February 2014, the Defendant operated a money gas franchise business with E as its partner at the office located in Gangnam-gu Seoul Metropolitan Government from May 16, 2012. In particular, from July 2012, the Defendant established F Company and continued to operate the said money gas franchise business and continued to operate the said business.

When the defendant selects a franchise business entity to a franchise store, he/she shall enter into a contract with the business entity to receive accurate estimates on the construction cost, and shall transfer the profits from the selection of the franchise business entity to the above company.

Nevertheless, around June 2012, in violation of the above occupational duties, the Defendant: (a) demanded that G, a person engaged in Indian fishery, receive 15 million won in total under the name of rebates from the said G on two occasions in total, as indicated in [Attachment Table 2 and 4] from around October 19, 2012, for the purpose of promoting the Defendant’s interest; and (b) demanded that G, a person engaged in Indian fishery, receive 10 million won in total under the name of rebates from the said G, and return 15 million won in rebates to B; and (c) around October 19, 2012, the Defendant received 5 million won in total under the name of rebates from the said G on two occasions, as indicated in [Attachment Table 2 and 4].

Accordingly, the defendant acquired property benefits equivalent to KRW 15 million and suffered damages equivalent to the same amount from the above company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning theG statement);

1. Protocol of the police statement concerning G;

1. Written estimate (H and I direct management points);

1. Details of investigation reports (Submission of data on details of payment at the direct control point by the complainant), and the interior payments at the direct control point;

1. Application of the Acts and subordinate statutes on investigation reports (fabsing out rebates from persons for reference) and the details of the withdrawal of rebates;

1. Criminal facts;