Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. A person who intends to establish and manage a family cemetery in violation of the Act on Funeral Services, etc. shall obtain permission from the Mayor, etc. having jurisdiction over the relevant cemetery as prescribed by Ordinance of the Ministry of Health and Welfare;

From February 10, 2017 to 08:0 to 14:00 on February 10, 2017, the Defendant created a family cemetery by installing four and four tombstones without obtaining permission from the head of Kimcheon-si.

2. A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

The Defendant converted the use of mountainous districts into a family cemetery, without obtaining permission from the head of the Korea Forest Service, at a temporary place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 39 Subparag. 1 of the relevant Act and Articles 14(3) (which means the creation of an unauthorized family cemetery), Article 53 Subparag. 1 of the Mountainous Districts Management Act, and the former part of Article 14(1) of the Mountainous Districts Management Act (which means the diversion of an unauthorized mountainous district), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;