Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

[2018 High Court Decision 2015Da154] The owner of a construction machinery that was a crime shall not use or operate the construction machinery unless it has been registered with Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor. However, the defendant used a scke, which is a construction machinery not registered by the defendant's stable located in the Seoul Special Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, on October 24, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes governing submitted photographs;

1. Relevant Article 40 of the Construction Machinery Management Act and Articles 40 subparagraph 1 and 4 (1) of the same Act concerning criminal facts, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act [Article 334 (1) of the Provisional Payment Order]

1. Facts charged;

A. Before November 2013 to May 2014, the Defendant, who was over bordered, installed a fence on the land owned by the Defendant located in the Seoul Special Metropolitan City of Chungcheongnam-gu, Chungcheongnam-gu, B around November 2013 to May 2014, and installed a fence (50 meters in length) on the said D’s land by breaking the part of the land owned by D, thereby allowing the said fence to play the boundary role of the said land, thereby making it impossible for the Defendant to recognize the boundary of the existing land, such as posts, etc. on the said land.

B. On January 2, 2015 to December 2, 2016, the Defendant destroyed property damage and damaged the land owned by the victim F, which was located in the Da in the Jeonbuk-si, Chungcheongnam-do around January 2, 2015 to December 2, 2016, by using pocles in length, approximately nine meters in depth, approximately two meters in width, and approximately two meters in width.

C. On February 2, 2015, the Defendant: (a) around February 2015, on the part of the G-owned land owned by the victim F, the Defendant: (b) cut off the soil of the part adjoining to D of the said land from the land owned by the victim F in the Jeonbuk-Eup, Chungcheongnam-do; and (c) destroyed the part adjoining to H among the land owned by G.

2. Determination

A. The offense of boundary intrusion under Article 370 of the Criminal Act is punishable by “a person who damages, moves or removes a boundary mark, or makes it impossible to recognize the land boundary by any other means.”

Boundary intrusion crime is land.