The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant at will by arbitrarily excavating another person’s graves, which do not have any connection with himself/herself, in order to unlawfully defrauding the compensation from LH Corporation, and then cremation and recklessly thrown away the remains. The method and motive of the crime are very poor, for the grave owners or managers who are actual victims, it is not able to recover the damage from the original crime, and the Criminal Act only punishs the grave owners or managers as imprisonment with prison labor for not more than 10 years without a fine.

However, considering the various circumstances, including the confessions of all the crimes of this case and reflects against the defendant, the full return of the compensation acquired by the defendant to the victim LH Corporation, the defendant living under confinement for more than three months as the crime of this case, and the defendant did not have the same criminal record, it is deemed that the punishment sentenced by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 161(2) and (1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 93(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, respectively, for the relevant criminal facts;

1. Each of the crimes of fraud provided for in Articles 40 and 50 of the Criminal Code, respectively, shall be committed.