Defense Strategy by K&P
The defense team from K&P presented several key points in their argument:
1. Acknowledgement of the funds received from the distributors, arguing that these were incentives for the defendant's assistance in facilitating sales.
2. Refutation of the claim that distributors requested preferential treatment in sales commission calculations.
3. Emphasis on the legality of the requests, even if they had been made, under the framework of embezzlement law.
Evidence Presented by K&P
The following evidence was pivotal in K&P's defense strategy:
- Company A's Business Operations: An outline of how Company A, a packaging machine manufacturer, conducts sales domestically and internationally, including the commission structures with distributors in different countries.
- Agency Agreements and Sales Dynamics: Detailed explanation of the challenges in securing new agency agreements, the irrelevance of sales quotas in maintaining existing relationships, and the lack of authority of the defendant in these decisions.
- Pricing and Commission Practices: Insight into how pricing and commission rates are determined within Company A, highlighting the profitability of international sales and the independence of salespersons in negotiating prices.
- Historical Commission Decisions: Contextualizing the company's stance on high commissions for dealers and the impact on Company A's revenue.
- Defendant's Role and Commission Rates: Clarification of the defendant's role in the company, his involvement in setting commission rates, and the inability to unilaterally manipulate these rates.
- Sales Commission Variability: Analysis of sales transactions, demonstrating the variability in commission rates and countering the argument of anomalously high commissions for specific deals.
- Credibility of Witness Testimonies: Challenging the reliability and relevance of certain testimonies, particularly regarding alleged statements about commission increases and rebates.
Conclusion and Acquittal
The court, aligning with K&P's defense, acquitted the defendant, finding the evidence and arguments presented by K&P compelling and sufficient to negate the prosecution's allegations.
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