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(영문) 대전지방법원 홍성지원 2015.09.25 2015고단704
사기등
Text

Defendant

A Imprisonment with prison labor of one year and six months, each of the defendants B, C, and D shall be punished by imprisonment with prison labor of ten months.

except that this judgment.

Reasons

Punishment of the crime

The Defendants: (a) registered as the relative of the grave located in the construction site of the G G Il-si, Chungcheongnam-gu, Chungcheongnam-gu, which is implemented by the Dispute Resolution Committee; and (b) reported the opening of the grave, and (c) received compensation for the opening of the grave, using the fact that the Defendants could receive compensation.

1. Joint criminal conduct by Defendant A, C, and D;

A. On April 1, 2011, the Defendants were to open a 19-year grave at the J-Myeon Office located in Boan-si I, Boan-si, as shown in Table 1 of the List of Crimes, including Cho K in the J-Myeon Office, and the Defendants were issued a certificate of reburial by making a false report to L who is not aware of the circumstances.

4. Around 19.19. M, N,O, and P around Boan-si: (a) excavated graves and buried remains as described in the following sub-paragraph; and (b) submitted a request for relocation of graves, a relocation report certificate, and a cremation certificate, etc. to an employee in charge of the victim’s work at the H Compensation Team Office located in Q Q from Boan-si around May 201.

As seen above, the Defendants deceptioned the victim and transferred KRW 53,580,000 to the National Bank Account (R) in the name of the State Bank Account (R) on June 15, 2011.

As a result, the Defendants conspired to receive the property of the victim.

B. On April 19, 201, the Defendants: (a) discovered the remains of the 19th body of the deceased noble body in Boan-si, M, N,O, and P on April 19, 201, using the name-unclaimed body and the deceased’s body and the deceased’s body without any authority; and (b) buried the remains in the Red Memorial Park, which is located in Geumsung-gun, 516-ro 85, Hongsung-gun, Hong-gun, the same day.

Accordingly, the Defendants arbitrarily excavated another person’s grave and damaged his remains in order to receive compensation.

2. Joint criminal conduct by Defendant A and Defendant B

A. The Defendants’ fraud around May 16, 201.

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