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(영문) 수원지방법원 평택지원 2014.06.12 2014고단397

분묘발굴유골손괴등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, using the fact that the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) registered as a relative to a grave buried in a project area in connection with the housing site development project for Pyeongtaek-si, Pyeongtaek-si, and received a permit for relocation and received a permit for relocation, found another person’s grave and buried the remains, and received compensation from the LH Corporation, and then claimed a false compensation.

1. Burial, excavation, charnel, damage and destruction of graves;

A. On May 7, 2013, the Defendant: (a) removed the clothes of each of the said graves by using sckes, without any right to manage and dispose of those graves (such as seedlings D and E) located in Pyeongtaek-si C; (b) removed the remains in the said grave; and (c) buried the said remains in a crematorium located in F on the same day, and buried the remains in the said crematorium, and laid the remains in the said crematorium into “relicable movable property” located in the said crematorium.

B. On May 27, 2013, the Defendant removed the clothes of each of the said graves using a sckerae, without any right to manage and dispose of the remains of the deceased’s grave (a funeral G, H, and I) located in Pyeongtaek-si C. On the same day, the Defendant buried the said remains in a crematorium located in F, and then laid the remains into the “alternative movable property” located in the said crematorium.

Accordingly, the defendant found five graves and damaged five remains of the deceased in that area.

2. Violation of the Act on Acquisition of Fraudulent Public Works and Compensation.

A. On May 8, 2013, the Defendant was at the victim LH Corporation office located in Pyeongtaek-si, Pyeongtaek-si, and the Defendant was at the first place.

A. An application for compensation for relocation of a grave, etc. prepared in a false manner as if the said person was a true manager of two (B/E) graves excavated without permission as stated in paragraph (1), shall be submitted to the staff in charge of the victim, and the remaining members shall be two of the said graves to the Agricultural Cooperative Account in the name of the defendant around May 15, 2013 from the victim.