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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.
Reasons
Punishment of the crime
The Defendants, using the fact that the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) registered as a relative of a grave located in the project area in connection with the development of the land for a ancient-line international city in Pyeongtaek-si, and obtained permission for relocation, were able to receive compensation from the LH Corporation, and found another person’s grave and bury the remains thereof and claim a false compensation.
1. Defendant A
A. On June 14, 2013, the Defendant: (a) removed the remains of the deceased H’s grave (i.e., grave I) and two graves (K) of the deceased H, which were referred to G in Pyeongtaek-siF, without any authority to manage and dispose of them; (b) removed the remains of the said grave; (c) removed the remains in the said grave; and (d) laid the remains in the said grave; and (d) laid the remains in the Mamo Park in the Mamo Park in the Mamo-gu, Chungcheongnam-gu; and (e) laid the remains in the said crematorium in the said crematorium.
Accordingly, the defendant found three graves and damaged three remains of the deceased in that grave.
B. On June 14, 2013, the Defendant violated the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, at the victim LH Corporation office located in Pyeongtaek-si, Pyeongtaek-si, and the Defendant completed the said office.
Along on June 28, 2013, an application for compensation for the relocation of a grave, prepared with false content as if it was the true manager of the three-year period of the grave excavated without permission, as shown in the above paragraph, was submitted to the staff in charge of the victim, and its appurtenances received KRW 9,590,100 from the victim to the Agricultural Cooperative Account in the name of the defendant around June 28, 2013.
As a result, the defendant by deceiving the victim, by deceiving 9,590,100 won, and at the same time he/she received compensation by fraud or other improper means.
2. Defendant B
A. The Defendant is located in Pyeongtaek-siN around June 17, 2013.