However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

1. A person who intends to establish and manage a family cemetery, a clan cemetery, or a corporate cemetery in violation of the Funeral Services, etc. Act shall obtain permission from the Mayor, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare, and the same shall also apply to changes in the area of the cemetery or other matters

Nevertheless, on October 2017, the Defendant newly established a 7-year clan cemetery around the nine-year period of the CUP grave in the vicinity of the CUP grave, which was established according to the existing permission, without obtaining permission for the change of the leisure market.

2. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, the Defendant set up a clan cemetery (3,800 square meters of cemetery size) in a preserved mountainous district without obtaining permission from the Minister of the Korea Forest Service, etc. at the time and place indicated in the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Each written statement of D and E;

1. Scenic photographs of illegal cemeteries;

1. A plane plan surveying mountainous district damaged land;

1. Copies of the forestry cadastral book and forestry cadastral map;

1. Confirmation of land use plan;

1. Application of each statute to the statement of D and E;

1. Article 39 Subparag. 1 and Article 14(3) of the former Act on Funeral Services, etc. for Criminal Facts (Amended by Act No. 13108, Jan. 28, 2015); Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the nature of the crime is not good in that it is a crime committed during the period of the suspension of the execution of the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that it appears to have caused the crime of this case due to the time being dead and reflect, the status of being occupied by a clan, and the fact that it appears to have been restored to