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Defendant
A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.
Reasons
Punishment of the crime
Defendant
A was sentenced to two years of imprisonment with prison labor for a violation of the Mountainous Districts Management Act, etc. at the Seoul Central District Court on June 24, 2011, and the said judgment was finalized on December 14, 2011, and on October 12, 2012, the judgment was finalized on October 20, 2012.
Defendant
From around 1997, A operated the F Park Cemetery in Sincheon-si, and Defendant B, who was the child of Defendant A, managed and operated the F Park Cemetery from around 2002.
[2012 Highest 3229]
1. On January 6, 2006, the Defendants conspired to sell the said park cemetery to another person although they were unable to obtain permission from the competent authority on the said “F Park Cemetery” as to the said “F Park Cemetery,” and Defendant B, at the above park cemetery office, deceiving the victim G of the said park cemetery, “A request for the rent of KRW 8 million to store the victim in the F Park Cemetery,” thereby deceiving the victim G of the said park cemetery office, “A request for the rent of KRW 8 million from the victim G,” which was received KRW 8 million from the victim G as the rent.
As above, the Defendants conspired in collusion with the victim G to take 8 million won as the rent from January 6, 2006 to February 5, 201, and acquired 216,798,000 won as the rent from 20 victims as stated in the attached Form from January 6, 2006 to February 5, 201.
[2013 Highest 657]
2. Fraud against the victim H (Defendant A) states that “A cemetery shall be permitted by the President of the National Cemetery Management Office on December 30, 2007, on the ground that the said “F Park Cemetery” did not obtain permission from the competent authorities, and that the said “A” falsely states, around December 30, 2007, the victim H “A shall be released from the Macheon City for a grave with a permission of KRW 13.6 million for a grave.” Accordingly, the victim H shall be the down payment for the second period of a grave on January 1, 2008.”