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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below erred in the misapprehension of legal principles as to the facts charged of this case, although it is sufficiently proven.
2. Determination
A. As to the existence of an agreement on dividends, the lower court determined that a certain ratio of sales amount was reached between the Defendant and investors within the second place, regardless of the first inside of the costs set forth in the dividend amount, after deducting expenses from the sales amount of the victimized company, and that an agreement was reached between the Defendant and investors, and the prosecutor asserts that such agreement did not exist, and thus, we examine
According to the evidence duly admitted and examined by the court below and the court below, the following facts are recognized:
① On December 29, 2010, the complainant I presented a plan to distribute to investors a certain percentage of total sales revenue to the Defendant.
② On May 7, 2013, the complainant sent an e-mail to the Defendant stating that “The Defendant is a manager of the victimized company, and pecuniary gain that the Defendant gains is a matter of the decision of the Defendant, the investors did not raise any problem with respect to the pecuniary gain that the Defendant acquired, and the Defendant did not deny any right to manage.”
(Evidence Records 377-378 pages) (3) The complainant stated that it was decided from the examination of the nature of the defendant conducted by the prosecution that the distribution was the second alternative.
(Evidence No. 443 pages). (4) The witness D of the original court, one of the investors, stated that the reasons why the second proposal was chosen instead of the first one, is because investors do not need to use the cost (such as the defendant's wages, operating expenses, etc.).
In full view of the above facts, if the sales amount of the victimized company exceeds a certain amount, the defendant and the investor receive a certain percentage of the sales amount, regardless of the amount of the expenses for sales.