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(영문) 수원지방법원 평택지원 2014.07.02 2014고단552

분묘발굴유골손괴등

Text

Defendant

A Imprisonment for eight months, each of the defendants B, D, and C shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendants, 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 a ancient-line international city in Pyeongtaek-si, and obtained permission for relocation, were able to receive compensation from the LH Corporation, and found another person’s grave and bury the remains thereof and claim a false compensation.

1. Defendant A

A. On July 4, 2013, the Defendant: (a) removed the clothes of each of the said graves using a spacule with respect to the three period (F, G, and H) of the graves in Pyeongtaek-si, without any authority to manage and dispose of the said graves; (b) removed the remains in the said grave; and (c) buried the said remains in the National Cemetery in the Yannam-gu, Chungcheongnam-gu, Seoul; and (d) buried the said remains in the said cremation.

Accordingly, the defendant found three graves and damaged three remains of the deceased in that grave.

B. On July 4, 2013, the Defendant violated the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, in the office of the victim LH Corporation located in Pyeongtaek-si, Pyeongtaek-si, and the Defendant completed the said office.

A. As mentioned in paragraph (1), submission of relevant documents, such as an application for compensation for the relocation of a grave, prepared with false statement as if the said person were the true manager of the three-year period of the grave excavated without permission, to the staff in charge of the victim’s work, and such submission was made from the victim on July 15, 2013 to the national bank account in the name of the defendant, as the compensation for the three-year relocation of the said grave.

As a result, the defendant by deceiving the victim, by deceiving 9,590,100 won, and at the same time he/she received compensation by fraud or other improper means.

2. Defendant B

A. A. Around March 5, 2013, the Defendant (1) manages and disposes of any one grave (I) for a deceased person’s grave located in Pyeongtaek-si E.