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(영문) 의정부지방법원 2015.12.17 2015고정2250
장사등에관한법률위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to establish and manage a family cemetery, a clan cemetery, or a corporate cemetery shall obtain permission from the competent authority.

B Religious organizations obtained permission from the head of Gyeonggi-do on July 15, 1991 for 56 square meters of a private cemetery in Gyeonggi-do 1,653 square meters.

From around 199, the Defendant, from around 199, intended to create and sell a cemetery to the customers who want to sell the cemetery in an area other than the permission that did not obtain the permission for installation of the cemetery. On March 200, the Defendant, from around 199, he stored a stone shed in a 4,377 square meters of the 14,982 square meters of the Do-gun, Gyeonggi-gun, a religious organization adjacent to the above permitted private cemetery, which was owned by the said religious organization, and created it as a graveyard site.

Around June 10, 2011, the Defendant established a 7-year cemetery, as shown in the annexed Table of crime, from around September 12, 2014 to around September 12, 2014, in a graveyard site of 4,377 square meters in Gyeonggi-do, Gyeonggi-do, which was created as above, by means of piling-up and piling-up of stone in a tomb site without obtaining permission for graveyard installation.

Accordingly, the Defendant established a private cemetery without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (Attachment to the current status of illegal forest damage, etc. and local business trips of illegal private cemeteries);

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning the current status of permission for and replies to establishment of factual cemeteries;

1. Subparagraph 1 of Article 39 and Article 14 (3) of the Act on Funeral Services, etc. for Specific Crimes.

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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