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Defendants shall be punished by imprisonment for six months.
However, with respect to the defendant C, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendants, by using the fact that the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) registered a grave buried in the business area as a relative in connection with the F Housing Site Development Project implemented in Pyeongtaek-si E, and obtained permission for relocation, were able to recover another person’s grave and bury the remains, and then receive compensation by claiming for false compensation from the LH Corporation.
1. Defendant A
A. On June 21, 2013, the Defendant: (a) removed the clothes of each of the said graves using a sculre, without any authority to manage and dispose of the two graves (such as tomb H and I) owned by the deceased in Pyeongtaek-si G; (b) removed the remains in the said grave; and (c) buried the said remains in a cremation in the Yansan Memorial Park in the Yan-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on the same day; and (d) buried the remains in an insculous place.
As a result, the defendant found two graves and damaged two remains of the deceased in that area.
B. On June 21, 2013, the Defendant violated the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and the Defendant’s completion at the above victim’s HH Corporation office.
Along on July 1, 2013, it was paid KRW 6,393,400 from the victim to the post office account in the name of the defendant for the two-term relocation compensation for the said grave, which was falsely prepared as if the person was the true manager of the two-year period of the grave excavated without permission, by submitting the relevant documents, such as an application for compensation for relocation of the grave, to the staff in charge of the victim.
As a result, the defendant by deceiving the victim, by deceiving 6,393,400 won, and at the same time he/she received compensation by fraud or other improper means.
2. Defendant B
A. On May 13, 2013, the Defendant: (a) took advantage of the scirls, without any authority to manage and dispose of the two graves of the unclaimed persons in Pyeongtaek-si G (C/K) on or around May 13, 2013; and (b) taking advantage of the scirls.