절도
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On April 201, 201, the Defendant purchased land C in Macheon-si, and requested D to build a new house on the ground of the above land to the construction businessman around the above day.
Whether the Defendant would be punished for the use of the light stone owned by the Victim F, the former owner of the land left alone with other garbage on the land from D through A, by introducing D to E by a construction business operator E.
I would like to ask questions, and I would like to get D to use the stone as a material when building the defendant's house.
As a result, the Defendant arbitrarily brought about approximately KRW 76 tons of 1,90,000 of the market price owned by the victim and stolen it.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement made by the witness F and D in the third public trial records;
1. Photographss of damaged articles, on-site photographs, and additional works photographs;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. As to the issue of the main sentence of Article 186(1) of the Criminal Procedure Act, the defendant and his defense counsel did not agree that the defendant would use the stone of this case. Since the stone of this case was on the land purchased by the defendant, it was known that it was owned by the defendant, and thus there was no intention of theft.
The argument is asserted.
In other words, the victim requested from the investigative agency to sell the land owned by the victim, which is adjacent to the land of this case, due to the necessity for the building permit, and the victim sold the land on which the land of this case was accumulated.
Then, on the land sold from the defendant to the defendant.