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(영문) 수원지방법원 성남지원 2016.01.22 2014고단2823
배임증재
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “Co., Ltd.”) who is a business company that receives 40% of the sales price from the funeral facility (the site) at the time of sales in the site after conducting counseling business on the site of a charnel house, etc. against the members of the superior company, etc. (the bereaved family members) who held funeral events from September 2009 to the present day, and receives 40% of the sales price from the funeral facility at the time of sales in the site as business fees.

The defendant is entitled to pay 70% of the business fees received from funeral facilities in return for the following reasons: (a) the defendant is entitled to receive 70% of the business fees received from funeral facilities for the bereaved family members who want to receive funeral events from the funeral facilities because he/she has no funeral place among the bereaved family members (members) who want to hold funeral events. (b) the defendant is entitled to exclusively select D as a person of the funeral counseling service for the bereaved family members who want to receive funeral counseling from the funeral facilities because he/she has no funeral place.

“Improper solicitation” made an illegal solicitation to the purport, and as a result of the field counseling counseling, the amount equivalent to 70-75% of the sales commission received from the cemetery facilities in the amount of 70-75% of the sales commission received from the cemetery facilities was to be granted to the persons concerned, such as the above standing company, etc. in consideration

The Defendant, through H’s regular business of H located in G on September 2013, 2013, as the president of the KJ, for the purpose of arranging coming-of-age, marriage, funeral service, funeral service, etc., as the president of the K, L, M, N, P, P, Q, R, and private business place, and H, which actually control and operate the 9 F Benefits Corporation and private business place, and H, as well as his/her private business place, with the services of holding funeral for the deceased members of the KJ from the said nine installment corporations in the name of the KJ, on behalf of the Defendant. The Defendant entrusted the above H with the services of holding funeral for each of the above installment corporations under the name of the H. In the event of a funeral event of a member of the KJ, the funeral hall is received and a funeral hall, personnel necessary for holding funeral events, the funeral hall is provided as human resources necessary for holding funeral events, guidance for the funeral hall, management of the funeral hall and the funeral hall, etc. (the head of the K.).

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