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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On December 27, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Game Industry Promotion Act at the Suwon District Court’s Eunpyeong Housing Site, and the said judgment became final and conclusive on January 4, 2013.
【Criminal Facts】
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 August 14, 2012, the Defendant: (a) removed the clothes of each of the said graves using a cretainer without any authority of management and disposition with respect to the three tombs (such as tomb D, E, and F) of the deceased in Pyeongtaek-si C; (b) removed the remains in the said grave; and (c) buried the said remains in the H crematorium located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; and (d) buried the said remains in the said cremation.
Accordingly, the defendant found three graves and damaged three remains of the deceased in that grave.
2. On August 14, 2012, the Defendant violated the Act on the Acquisition of Land, etc. for Fraudulent and Public Works Projects and the Compensation Therefor: (a) submit relevant documents, such as an application for compensation for relocation of a grave, prepared in a false manner as if the Defendant was the genuine manager of the three-year grave excavated by the suspect without permission, as prescribed in paragraph (1) to the employee in charge of the victim; and (b) received deposit from the victim the amount of KRW 89,050,050,000 from the Defendant’s agricultural bank account in the name of the Defendant, as the compensation for the three-year relocation of the said grave.
Accordingly, the defendant deceivings the victim to take 8,990,050 won in total and, at the same time, by fraud or other improper means.