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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not constitute an object of separate independent real rights as part of the land. The land owner is only the right to develop and utilize the underground water flowing below the land and cannot be seen as owning the underground water. Thus, the ground water cannot be an object of larceny. 2) Since H previously owned the land owner with respect to the use of the ground water in this case reported the development and use of the underground water in accordance with the Groundwater Act, the above right to use the ground water is not the right to be recognized as incidental to the land ownership, but the right to use
Therefore, even if the victim acquired the ownership of the instant land through H and J, it cannot be deemed that the victim immediately acquired the right to use groundwater.
3) As the Defendant acquired the right to use the instant groundwater in accordance with the agreement with H, the Defendant may also oppose the victim, the special successor of H, pursuant to Article 233 of the Civil Act, as well as the right to use the said groundwater. B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. The lower court found the Defendant guilty of the facts charged in this case. In light of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court’s judgment is justifiable and there is no error of misunderstanding of facts or misunderstanding of legal principles.
1) Whether groundwater can be an object of larceny: The groundwater flowing through the land below is not an independent part of the land, but an independent part of the land. As such, the land ownership naturally extends to groundwater. In addition, the groundwater is a property that is an object of larceny, since it is Article 2 subparagraph 1 of the Groundwater Act (Article 2 of the Groundwater Act).
Therefore, the instant groundwater flown under the instant land is the victim, who is the landowner.