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(영문) 대전지방법원 천안지원 2013.04.04 2012고정1020
장사등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

A person who intends to establish a family cemetery shall obtain permission from the head of the Si/Gun/Gu having jurisdiction over the relevant cemetery. However, the Defendant installed seven graves, such as the Defendant’s increased and increased and increased funeral cemeteries, 1, 1, 2, 2, 1, 1, 2, 2, 2, and 2, 2, etc. without obtaining permission from the head of the competent Si/Gun/Gu.

Summary of Evidence

1. Partial statement of witness D;

1. Determination as to the assertion by the defendant and his/her defense counsel regarding the charge of accusation, the current status of offenses, and the investigation report (attached to drawing up of the site for

1. The summary of the defendant's and his defense counsel's assertion sought to establish the defendant's first-class graves E in official cities where he had previously obtained permission for the installation of a private cemetery. However, in fact, the installation of a grave led to the result of the installation of a grave outside the area where the boundary between neighboring land was ambiguous and the permission for the installation of a private cemetery was installed. The defendant did not have intention to violate the Act on Funeral Services, etc. due to the mistake of the above facts.

2. In light of the following: (a) according to the witness D’s legal statement and the cadastral map (section 8 pages of investigation record), the land in which the actual defendant’s relative’s grave is installed is connected with each other; (b) there is no natural or artificial boundary; (c) although it is recognized that it is difficult for the defendant to determine whether the actual area of the grave was exceeded the E area permitted for the installation of a private cemetery, it is difficult to determine as the land; and (d) on the other hand, according to each of the above evidence and the defendant’s statement, even if the defendant and the above C’s registered titleholder of the forest and field as well as the above C’s statement, the defendant filed a lawsuit against the above F and G seeking confirmation of the registration invalidation and real name verification at the Daejeon District Court’s official branch, which are the registered titleholder of the land ownership.

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