Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

A person who intends to operate construction machinery shall obtain a construction machinery operator's license from the Mayor/Do Governor.

Nevertheless, on January 24, 2012, the Defendant, within the dry field owned by the victim E (54 years of age) located in G, Gyeongbuk-gun without the construction machinery operator's license, operated the above dry field with the use of the F digging search machine to gather the paths into the dry field owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Comprehensive shop taxes for vehicles (construction machinery);

1. Application of Acts and subordinate statutes to notify whether construction machinery licenses are relevant;

1. Relevant Article of the relevant Act on Criminal facts and Articles 41 subparagraph 2 and 26 (1) of the Construction Machinery Management Act for the selection of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant, from January 24, 2012 to May 2012, 2012, damaged the property in a dry field owned by the victim E (the age of 54) in Gyeongdong-gun, Gyeongdong-gun, with a size of approximately 24,707,060 won of soil and pine seedlings, etc. at approximately 2 meters in size of 122.1 square meters of the victim dry field in order to bring the road into the Defendant’s dry field into the dry field, thereby damaging the property to cover approximately 24,707,060 won.

2. Determination

A. The Defendant knew that the Defendant was the Plaintiff’s husband G, and argued to the effect that, with the consent of G and H, part of the above land was cut out to use it as farming, the Defendant did not intend to damage the victim’s property or was an act with the victim’s consent.

B. According to the records, ① the husband G acquired ownership on April 9, 1987 by the victim’s husband G on the basis of the gift on December 30, 201, the victim’s transfer registration was completed on January 7, 2010, and the Defendant was aware that the instant land was owned by G at the time of the instant case, and ② the instant land was located on the instant land.