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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the following: (a) the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) under a contract entered into by the defendant; (b) the independent business and receipt of money and valuables, etc. are prohibited; (c) some superior companies do not receive referral fees, etc.; and (d) the bereaved families are highly likely to enter into a funeral contract with the head recommended by the head counseling service provider, which was introduced by the defendant; and (e) there is a high probability for the bereaved families to enter into funeral guidance contracts
must be viewed.
Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment
2. Determination
A. From October 5, 2009, the Defendant: (a) as the representative director of D Co., Ltd. (hereinafter “E”) who is a company providing funeral services for a superior company, etc., from around October 5, 2009; (b) received entrustment of funeral event services for its members under a contract for funeral services concluded with F Co., Ltd.; and (c) provided services for funeral events to the said company (bereaved family members); (d) provided services for funeral events; (e) provided services for funeral expenses; (e) provided services for funeral programs; (e) provided services for funeral programs; (e) provided services for funeral programs; and (e) provided services for funeral programs; and (e) provided services for funeral programs; and (e) provided guidance on and guidance on funeral events; and (e) provided services for funeral programs; and (e) provided services for funeral programs for funeral events; and (g) provided services for funeral programs for funeral programs; and (g) provided services for funeral services for funeral services for funeral programs; and (g) provided services for funeral programs and services for funeral programs, such as providing services for funeral programs;
The defendant is against his/her bereaved family members.