A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who violates the Act on Funeral Services, etc. shall obtain permission from the head of a Si, etc. having jurisdiction over the relevant cemetery, and shall obtain permission from the head of a Si, etc., even in cases where he/she intends to change the area, place of installation, etc. of a private cemetery among permitted matters;

Nevertheless, around August 19, 2013, the Defendant: (a) obtained permission from the head of the Dong, which is the jurisdiction of the Dong, for the installation of a private graveyard of “area 99 square meters and one-year period of the expected installation of a private cemetery” with respect to “land located in the wife population D in Gyeonggi-si”; (b) on September 2013, the Defendant installed a family cemetery of “area 1,500 square meters,” “area 1,500 square meters, and three-years” without obtaining permission for the alteration of the establishment of a private cemetery on a first-served basis.

Accordingly, the Defendant changed the installation area, location, etc. of a private cemetery without obtaining permission to change the installation of a private cemetery.

2. Any person who intends to violate the National Land Planning and Utilization Act and any person who violates the Mountainous Districts Management Act shall obtain permission for development activities from a Mayor, etc.; and any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of types, areas, etc

Nevertheless, the Defendant, without obtaining permission for development activities from the mayor, etc., did not obtain permission from the Administrator of the Korea Forest Service. On September 2013, 2013, the Defendant cut and filled up the land of 1,500 square meters out of the wife population E in Gyeonggi-si, Gyeonggi-do, and conducted development activities to change the form and quality of land by installing cemeteries, and converted mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of F, G and H;

1. Each accusation (violation of the National Land Planning and Utilization Act, violation of the Management of Mountainous Districts Act, and violation of the Act on Funeral Services, etc.);

1. Application of photographic Acts and subordinate statutes to each site photograph and the current status of the establishment of illegal private graveyards;

1. Criminal facts;