2. Determination

A. “Landway” as stipulated in Article 185 of the Criminal Act refers to a place provided to the general public for traffic, i.e., a place of public nature in which an unspecified number of people or a vehicle can freely pass through without any specific person (see, e.g., Supreme Court Decisions 83Do2617, Sept. 11, 1984; 2002Do7292, Feb. 28, 2003; 2016Do12563, Apr. 7, 2017). B. The following facts can be acknowledged according to the records.

1) On October 14, 2014, D Co., Ltd. ( currently changed to E Co., Ltd.; hereinafter “instant company”) operated by the Defendant sold part of cement packaging roads with a width of eight meters (hereinafter “instant road”) equivalent to eight meters in size C in the facts charged to F, for KRW 220,80,000 (hereinafter “instant sales contract”), and agreed to accept the use of part of the instant road after the intermediate payment was paid to F.

2) Although F paid all the down payment and intermediate payment to the instant company in accordance with the instant sales contract, F did not pay any balance.

3) On March 6, 2015, the instant company notified F of the payment of the balance to F by mail proving its content, and notified F by mail proving its content on September 24, 2015 that “The instant sales contract will be rescinded, as it did not pay the balance.”

4) The contractor, sewage supplier, and other related persons of the F and F-owned land entered the F-owned land using the instant road even after the instant sales contract was terminated.

5) G, which is a F’s sewage level, is a bridge connected to the instant road at the end of April 2016 (hereinafter “instant bridge”).