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(영문) 수원지방법원 평택지원 2014.05.29 2014고단408
분묘발굴유골손괴등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant used 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 business area in connection with the housing site development project for Pyeongtaek-si, and received permission for relocation, and received compensation from the LH Corporation, the Defendant found another person’s grave, buried the remains thereof, and received a false compensation.

1. On March 26, 2013, the Defendant: (a) removed the clothes of each of the said graves using sckes, without any authority to manage and dispose of the two graves (such as tomb E and F) owned by the deceased in Pyeongtaek-siD; (b) removed the remains in the said grave; and (c) buried the said remains in the Yansan Memorial Park in the Yan-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (d) buried the remains in an influorous place on the same day.

In addition, from March 26, 2013 to May 7, 2013, the Defendant excavated seven graves from around March 26, 2013 to around May 7, 2013, and damaged seven remains of the deceased in that manner.

2. On March 26, 2013, the Defendant violated the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor: (a) submit to the staff member in charge of the victim relevant documents, such as an application for compensation for relocation of a grave, prepared by the Defendant, as if he/she were the real manager of the two graves excavated in Pyeongtaek-si, Sejong-si, Gook-do; and (b) submitted to the staff member in charge of the victim the application for compensation for relocation of a grave, which was falsely prepared by the Defendant, as if he/she were the real manager of the two graves excavated in accordance with paragraph (1). On April 3, 2013, the said staff member received KRW 6,31

In addition, the Defendant made a false representation for seven graves excavated without permission from March 26, 2013 to May 15, 2013, as described in the list of crimes, as described in paragraph (1).

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