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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles), the defendant I Co., Ltd. (hereinafter "I"), the victim H Co., Ltd. (hereinafter "victim Co., Ltd.") and the victim Co., Ltd. (hereinafter "victim Co., Ltd."), the amount and duration of sales commission and the rate of commission paid in excess of I by the victim Co., Ltd., and there is no consent from the board of directors of the victim Co., Ltd. to raise the rate of commission, the victim Co., Ltd. are acknowledged as the defendant's intentional breach of trust at the time of payment of a higher rate than that specified in the contract, and the breach of trust was committed. Nevertheless, the judgment of the court below acquitted the
2. Determination
A. A. Around July 18, 2006, the Defendant’s fatherF concluded a joint venture agreement with G (G; hereinafter “G”) with a global company related to health functional foods, and decided to establish a victim company that manufactures health functional foods and sells them in Asian region, including Korea, in Korea, and decided that the victim company’s share will be owned by G and F each 50%.
On December 2, 2008, the Defendant is a victim company’s internal director who acquired 50% of the shares of the victim company from F around December 2, 2008 as a representative director of I and J Co., Ltd. (hereinafter “J”) established to engage in the development, manufacture, sale, etc. of functional health foods, and is practically operating each of these companies.
On February 1, 2015, the injured company is the subject-matter that, between I and I, “K and L, the functional health foods for health foods for the scientific know-how under the Commercial Code,” the injured company is in charge of the manufacture and sale of the above products, and the injured company pays 3.41% of the total sales amount of the invoice for the products, under the license fee, to I in the manufacture and sale of the above products in an area, such as the Philippines.”