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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A person who intends to establish and manage a family cemetery, a clan cemetery, or a corporate cemetery shall obtain permission from the Mayor, etc. having jurisdiction over the relevant cemetery, as prescribed by Ordinance of the Ministry of Health and Welfare.
Nevertheless, the Defendant created the fourth cemetery without permission during the period between April 2012 and June 2012, and established the 33th clan cemetery.
Summary of Evidence
1. Partial statement of the defendant;
1. Written statements of D;
1. A written accusation;
1. Current status of offenses;
1. photographs of offenses;
1. Full certificate of the registered matters;
1. Application of Acts and subordinate statutes to investigation reports (to hear telephone statements from the main office in charge of public viewing);
1. Article 39 Subparag. 1 and Article 14(3) of the former Funeral Act (amended by Act No. 13108, Jan. 28, 2015; hereinafter the same) regarding criminal facts and Article 14 of the Act on the Selection of Punishment for Specific Crimes (amended by Act No. 13108, Jan. 28, 2015; hereinafter the same) (Inasmuch as a tomb is created to bury a corpse or remains and make it an object of a memorial, worship, worship, or monument, even if the corpse or remains buried were buried after cremation, it is still a grave. Even if the corpse or remains were buried after cremation, it shall be deemed a grave built to make it an object of memorial, worship, or monument, unless the facility satisfies the natural burial requirement (see Supreme Court Decision 2010Do512, Oct. 25, 2012; 2010Do5112, etc.). According to the above legal principles, even if the Defendant established a natural burial ground without permission under Article 16(1) of the Act, it does not constitute a natural burial ground.
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.