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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, using the fact that the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) registered as a relative of a grave located in the business area in connection with the housing site development project for Pyeongtaek-si, Pyeongtaek-si, and received a permit for relocation and received a permit for relocation, would be able to receive compensation from the LH Corporation, found another person’s grave and buried the remains, and then take benefits by claiming false compensation.
1. On June 27, 2013, the Defendant: (a) removed the clothes of each of the said graves using a sckera, without any authority to manage and dispose of the three grave sites (such as tomb D, E, and F) of those who were named in Pyeongtaek-si C; (b) removed the remains in the said grave site; and (c) buried the said remains in a cremation in the Yansan Memorial Park in the Yan-gu, Dongan-gu, Chungcheongnam-gu, Seoul; and (d) buried the remains in the said cremation.
Accordingly, the defendant found three graves and damaged three remains of the deceased in that grave.
2. On July 1, 2013, the Defendant violated the Act on the Acquisition of Land, etc. for Fraudulent and Public Works Projects and the Compensation Therefor, submitted to the staff in charge of the victim related documents, such as an application for compensation for relocation of a grave, prepared by the Defendant, as if he/she were the genuine manager of the three-year grave excavatedly, such as paragraph (1), at the office of the victim LH Corporation located in Pyeongtaek-si, Pyeongtaek-si, which was located in Sejong-si, and as if he/she was the true manager of the three-year grave excavatedly, and received KRW 959,100,00 from the victim as compensation for the three-year relocation of the grave.
Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 9590,100,00 and received compensation by fraud or other improper means.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect of H by the prosecution;
1. Details on the payment of compensation for relocation of graves;
1. Conclusion of a compensation contract for grave relocation equipment; and