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(영문) 수원지방법원 평택지원 2015.07.01 2015고단774

분묘발굴유골손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 13, 2009, the Defendant was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Youngcheon District Court's Young-gu branch branch on May 10, 2012, and completed the enforcement of the sentence.

C using the fact that the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) registered as a relative of a grave located in the project area in connection with the development of the land for ancient International City in Pyeongtaek-si, Pyeongtaek-si, and received a permit for relocation, C would be able to recover another person’s grave and reproduce the remains and receive benefits from the LH Corporation by claiming a false compensation.

C As a staff member of LH Corporation D, he was designated from E in charge of affairs related to compensation for relocation of graves, such as supervision of relocation of graves in the project area executed by the LH Corporation, and excavated other persons such as the defendant, etc. without permission, by pretending to be the relative of the grave, and E took part in the role as a staff member in charge of LH Corporation who performs the normal duties of supervision of relocation of graves.

The Defendant, in accordance with the above proposal, was to be deemed as the relative of a grave; acquired the process of committing the crime from C, such as a report on reburial, registration of the relative, reburial and cremation, and a claim for compensation; registered as the relative with respect to another person’s grave known to C; excavated the grave without permission; and conspired with C and E to receive compensation for relocation of the grave and distribute part of the grave.

1. On June 10, 2013, the Defendant: (a) according to the above public offering, used sckeramen to remove the remains of each of the above graves using sckeramens without any authority to manage and dispose of them for the two graves (one grave G and H) of the deceased and wounded in Pyeongtaek-siF; (b) removed the remains in the said grave; and (c) removed them, immediately thereafter, in the area of the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.