All of the appeals by prosecutors are dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor on the gist of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the court below rendered a judgment of innocence against the Defendants, but the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged of the instant case is the head of the council of the F Co., Ltd. (hereinafter “F”) who is a superior company from around November 2008 to August 28, 201; from around September 201, to February 2012; Defendant B, from around May 201, to around February 201, to around February 201, the head of the council of the instant company; Defendant B, from around February 25, 2013 to around February 28, 2013; Defendant B, as the head of the council of the instant company’s predecessor; and, from around February 25, 2013 to around February 28, 2014, performed duties as the head of the council of the instant company’s predecessor; and, at the time of receipt of funeral events with the said company; supply of funeral equipment to the funeral hall and its bereaved family members; consultation with each other; offer of funeral equipment to the funeral hall and its services, such as guidance and consultation.

1) Defendant A was prohibited from receiving or receiving money or other valuables in the course of performing the functions related to the funeral events, including recommendation (or selection) and introduction and mediation of a business operator who will provide a field counseling for bereaved family members (or a commercial member). Defendant A was from the J of H and the same I’s representative, a field counseling business operator, in the course of performing the functions related to the funeral events.