분묘발굴유골손괴등
A defendant shall be punished by imprisonment for a term of four years and a fine of forty thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
1. The Defendant’s status and crime resolution is a D member of the Korea Land and Housing Corporation (hereinafter “LH Corporation”), a public corporation (hereinafter “LH Corporation”). From February 18, 201, the Defendant was serving in the Korea Land and Housing Corporation E in the said Corporation E, and is deemed a public official in the application of bribery under Article 25 of the Korea Land and Housing Corporation Act and Article 53 of the Act on the Management of Public Institutions.
In relation to the “G” housing site development project performed by LH Corporation in Pyeongtaek-si F, the Defendant was aware that a considerable number of the graves located in the project zone did not have a relative registration and, if so, had the grave falsely registered as a relative and pay compensation to the grave. The Defendant was willing to have the non-relatives excavate the grave without permission and receive money and valuables in return.
2. The Defendant: (a) designated a grave which is not registered as a relative to H; (b) excavated the grave from his or another person to his or her relative to it without permission; and (c) based on H et al. to share the role of the Defendant as a staff member in charge of LH work as if he or she were performing the duties of supervising the burial of a grave.
Accordingly, around June 12, 2012, the Defendant designated three graves (the grave J, K, L) of a deceased person, who was already registered as a relative at Pyeongtaek-si I, and around June 12, 2012, H removed the remains of each of the above graves using a spacule without any management and disposal authority at the same place, and then buried them in the said place. On the same day, H buried the said remains in the N crematorium located in the Dong-gu, Dong-gu, Seoul, Incheon, and then buried the said remains in the said cremation.
In addition, the Defendant conspired with H, etc. from June 12, 2012 to July 19, 2013, as described in the attached list of crimes (1).