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(영문) 수원지방법원 성남지원 2015.07.16 2014고단2796
배임수재
Text

The defendant shall be innocent.

Reasons

From October 5, 2009, the Defendant, as the representative director of D Co., Ltd. (hereinafter “E”), a company that vicariously provides funeral services for a funeral company, etc., (hereinafter “F Co., Ltd.”) from around October 5, 2009, entrusted the provision of funeral event services to its members under a contract concluded with F Co., Ltd., for providing funeral services, and provided services to its members (bereaved family members). In the course of the receipt of funeral events, the Defendant provided services, such as dispatch of the funeral, provision of funeral and transportation vehicles, selection of funeral home, funeral home selection of funeral instructors and helpers, consultation and guidance on funeral events, guidance and confirmation of burial or cremation, or guidance on funeral services for the selection of business operators of funeral facilities including charnel houses, etc., the head of the hall, funeral funeral services, funeral supplies such as funeral supplies, funeral supplies such as funeral supplies, funeral supplies, funeral supplies such as funeral supplies, and funeral supplies such as funeral supplies, mobilization of funeral houses and funeral facilities and funeral services, etc., and provided funeral facilities and funeral services such as cremation and funeral services as funeral services.

Although the Defendant received unjust solicitation or received money or valuables from the representative H of (State) G, a local counseling service provider, in the course of performing various affairs related to funeral events, such as the selection of a business operator who will provide counseling services for bereaved families (members) and the introduction and mediation to bereaved family members, the Defendant may not receive money or valuables for such solicitation. However, the Defendant received unjust solicitation from the head H on May 2010 from the representative H of (State) G, a local counseling service provider, and from the head H on December 2010 from the same I to the head counseling service for bereaved family members so that each “the head counseling service provider who will select himself/herself as the head counseling service for bereaved family members and will be able to exclusively carry out the funeral counseling service for bereaved family members,” the Defendant received 75% amount of sales commission (40% of sales price) received from the funeral facility as a result of the field counseling service in return for such solicitation.

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