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1. The defendant shall be punished by a fine of three million won;
2. If the defendant does not pay the above fine, 10,000 won shall be one day.
Reasons
Punishment of the crime
B as a director of the Incorporated Foundation D (hereinafter referred to as the "D") located in Chungcheongnam-si, Chungcheongnam-si, and the defendant was the representative of the E Co., Ltd. (hereinafter referred to as the "E") established for the purpose of a private park cemetery sales agency business, etc.
No person who establishes and manages a private park cemetery shall sell, transfer, lease, enter into a contract for use, etc. of the cemetery until he/she dies, except in cases prescribed by Presidential Decree, such as where a person aged 70 or older requests sale, purchase, etc. for use by the person to be buried.
Nevertheless, around December 23, 2011, B entered into a sales contract with the content that the Defendant acquires the ownership of the instant cemetery in the event that the sum of the down payment and the intermediate payment, and the remainder payment is paid in KRW 1.2 billion, at the above D office, as the D’s operating funds were insufficient, and around December 23, 201, as indicated in the attached list of crimes including G, from February 12, 201 to March 28, 201, E sold the instant cemetery to the total of 78 persons in the amount of 78 persons, such as G, in accordance with the usual and the number of pages, as indicated in the attached list of crimes.
As a result, the Defendant conspired with B to sell the instant cemetery before the death of the person to be buried.
Summary of Evidence
1. Partial statement of the defendant;
2. List of policyholders sold by A;
3. Application of the Acts and subordinate statutes attached thereto to investigation reports (in the process of cross-examination, filing of reports on suspect and complainants and accompanying documents);
1. Subparagraph 7 of Article 40 and Article 21 of the former Funeral Services, etc. Act (Amended by Act No. 13108, Jan. 28, 2015); Articles 30 and 33 of the Criminal Act concerning criminal facts;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.