However, each of the crimes of this case in the name of the defendant was committed by the Korea Land and Housing Corporation without permission for the excavation of 7 graves in a high-dud International Land and Housing Site Development Project zone, and then cremation the remains in such zone, and damage them by leaving the remains in fire. With respect to the 7th period of the said grave, the defendant filed a false claim for compensation for relocation of the grave with the Korea Land and Housing Corporation for the said 15,905,50 won for the said 5th period and acquired them by money, and the remaining two years were committed against the attempted crimes by the Korea Land and Housing Corporation. In light of the contents, motive, means, methods, and result, etc. of the crime, the crime is very poor.

On the other hand, the fact that the defendant has returned the full amount of the compensation to the Korea Land and Housing Corporation, the fact that there is no criminal record for the same kind of crime, and the fact that the mistake is recognized

In addition, considering all other circumstances that serve as the conditions for the sentencing specified in the instant case, the lower court’s sentencing is deemed reasonable, and it cannot be deemed that it is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.