2. If the defendant does not pay the above fine, 100,000 won.

1. A thief, around October 2012, in the land owned by the victim D located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) sold soil and sand on the land located in H located in the boundary of the said land and owned by the Defendants, namely, E, E,F, and G, in order to sell it by the Defendant, and (b) stolen the soil and sand on the land located in the said land owned by the victim D, approximately KRW 285 square meters, and approximately 185 square meters, respectively, of the soil and sand on the land located in C owned by the victim D.

2. Around October 2012, the Defendant damaged the access road that was installed on the part of the victims, E,F, and G, in the land owned by the victim, E, F, and G located in Chungcheongnam-gun, Chungcheongnam-do, and the Defendant’s land and boundary, and H and J, which are the owners of the above land and the Defendant’s soil located in J, outing out. Around October 2012, D, with the consent of the victims to use the above I land, damaged the access road that was installed on the part of the victims, by removing the volume of 3 meters wide from the length of 10 meters as scraf.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and K;

1. The police interrogation protocol of the accused (No. 18 of the evidence list);

1. Each police statement of E;

1. A complaint;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to a report on investigation (abundance)

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny heavier than punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that the boundary of H land adjacent to Seocheon-gun C land (hereinafter “instant land”) was ambiguous and there was no intention to steals soil. However, it does not necessarily require anyone to know who is owned in order to recognize that H land is the property of another person, which is a constituent element for larceny. However, H land is not owned by the Defendant.