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(영문) 인천지방법원 부천지원 2019.10.15 2019고정503
장사등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the representative of the BJ, and the BJ obtained permission for the installation of a clan from the Gyeonggi-si, Kimpo-si, 660 square meters from the Kimpo-si on April 23, 2010.

A clan cemetery or a memorial cemetery shall not be established for persons other than its members, and where it is intended to establish a cemetery for many and unspecified persons, it shall obtain permission from the competent administrative agency, as prescribed by Ordinance of the Ministry of Health and Welfare.

On June 9, 2014, the Defendant established one set of “D” in a manner that sets up a tombstone by cutting down a tombstone without obtaining permission for a corporate cemetery in the same clan and a memorial cemetery from that time until January 5, 2019, as shown in the annexed list of crimes from that time.

Accordingly, the defendant did not obtain permission from the competent authorities and set up a corporate cemetery.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement in the police interrogation protocol of the accused (second time);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a site photograph, a copy of a permit issued following a report on completion of the establishment of a clan cemetery, a permit for installation, and a photographic document verifying graves installed after 2

1. Article 39 Subparag. 1 and Article 14(3) of the former Funeral Services, etc. Act (Amended by Act No. 16376, Apr. 23, 2019); the choice of fines for criminal facts;

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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