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(영문) 수원지방법원 평택지원 2014.08.07 2014고단542
분묘발굴유골손괴등
Text

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

Reasons

Punishment of the crime

The Defendant, by using the fact that the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) registered as a relative to a grave buried in a project area in relation to a housing site development project conducted in Pyeongtaek-si C, and received a permit for relocation, found another person’s grave and buried the remains to receive compensation from the LH Corporation, and received a false claim for compensation.

1. Burial, excavation, charnel, damage and destruction of graves;

A. On May 19, 2013, the Defendant: (a) removed the clothes of each of the said graves using sckes without any authority of management and disposition with respect to the three period of the graves (F, G, and H) owned by the deceased in Pyeongtaek-si; (b) removed the remains in the said grave; and (c) removed the remains in the said grave; and (d) buried the said remains in a cremation located in 36-20, Mapo-dong, Mapo-dong, Mapo-si, Mapo-si on the same day.

B. On June 16, 2013, the Defendant: (a) removed the remains of the said graves using sckeers without any authority of management and disposal; (b) removed the remains in the said grave; and (c) buried the said remains in the cremation of the said tomb at the time of cremation on the 18th day of the same month; and (d) laid the remains in the sckes.

Accordingly, the defendant found four graves and damaged four remains of the deceased in that area.

2. Violation of the Act on the Acquisition of Land, etc. for Public Works and Compensation;

A. On May 20, 2013, the Defendant was at the victim LH Corporation office located in Pyeongtaek-si, Pyeongtaek-si, and the Defendant’s completion of the work at the above 1-A.

Along on May 31, 2013, an application for compensation for relocation of a grave, prepared with false content as if the applicant is a true manager of the three-year period (F, G, and H) of an excavated grave, such as paragraph (1), shall be submitted to the staff in charge of the victim, and its appurtenances shall be made from the victim to the national bank account in the name of the defendant, as the compensation for relocation of the said grave three-year period.

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