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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
From December 26, 2002 to February 4, 2015, the Defendant operated a pentation with the trade name “E” located in Chuncheon City C and D from December 26, 2002, and supplied water to the above pention through pipes with H’s permission, which was the owner of F and G land adjacent to the above pention (hereinafter “instant land”).
Although the Defendant transferred the ownership of the instant land to H from April 30, 2014 to February 4, 2015, the Defendant stated 41,649 won in the indictment of KRW 41,650 in the market price, which is the victim’s ownership, by drawing the pumps groundwater installed in the said land without the victim’s consent, through pipes to supply water to the above pents, but the Defendant stated that the amount of KRW 41,649 in the indictment of KRW 41,649, Apr. 30, 2014 to the victim.
9. 20,527 cubic meters in cubic 241.5 cubic metres to the same year.
9. It is reasonable to view the amount used from May 15 to February 4, 2015 as KRW 21,122 in 248.5 cubic meters and investigation records as KRW 189 in 248.5 cubic meters. In a case where there is no concern that substantial disadvantages may be inflicted on the defendant’s exercise of the defendant’s right of defense, even if the court acknowledged facts different from those charged without going through changes in indictment within the same scope, it does not violate the principle of no accusation (see, e.g., Supreme Court Decision 2011Do1651, Jun. 30, 201)
considerable amount of groundwater was stolen from 490 cubic meters.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes to filing of a complaint, report on actual conditions, field photographs, and investigation reports (Evidence No. 15 and 16);
1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant and his defense counsel shall regard the ground water of this case as the property owned by another person, which is the object of larceny.