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(영문) 의정부지방법원 2015.11.30 2015고정1735
장사등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Any person who intends to establish and manage a private cemetery, a clan, a common cemetery, or a corporate cemetery, etc. shall obtain permission from the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of Health and Welfare, while the head of the competent Si, etc., when a relative or installer or developer of a private cemetery establishes and manages a private cemetery without permission, may order the relative or installer or developer to relocate or improve the cemetery, charnel facility or natural burial ground, revoke permission, close the facility, prohibit the use of all or part of the facility, or suspend his/her business for a period not exceeding six months, as prescribed by Ordinance of the Ministry of Health and Welfare

On October 23, 2013, the Defendant did not comply with the above order within the above period, even though he was subject to an administrative disposition that ordered the transfer and restoration to the original state of a family cemetery established by the Defendant from the Si of Macheon-si without permission of the Si of Macheon-si on August 31, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The notification of administrative dispositions taken to relocate illegal cemeteries or restore them to their original state;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 40 of the relevant Act on Criminal Facts and Articles 40 subparagraph 9 and 31 of the Act on Funeral Services, etc. Selection of Punishment.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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