The defendant shall be innocent.

1. The summary of the facts charged is the representative director of the E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the owner of the building who is the owner of the building under a contract for the construction of the second underground floor in Yongsan-gu Seoul Metropolitan Government and the third underground living facilities and the construction of the detached house in Yongsan-gu.

Although the defendant should carry out construction works in the state of maintaining the retaining wall installed at the above construction site as it is, the defendant arbitrarily removed the retaining wall with a cost of KRW 91 million for the restoration of the retaining wall while carrying out the construction works around May 26, 2014.

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. Determination

A. According to the evidence submitted by the prosecutor, it is acknowledged that the maintenance of the retaining wall is a condition for a building permit; that the supervisor maintained the retaining wall on March 26, 2014 and May 22, 2014, the Defendant company was under the condition for a building permit and the procedure for the permission for the alteration of the relevant design, such as the cutting of the retaining wall, and the procedure for the permission for the alteration of the retaining wall is in progress. Nevertheless, the Defendant company removed the retaining wall two times without the victim’s prior permission; that the competent authority suspended construction as of April 28, 2015 and re-built the retaining wall by the victim with another company as of April 28, 2015.

B. Meanwhile, the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant Company received a design drawings indicating new construction after removal of the existing retaining wall, and submitted a quotation to the supervising person, and the supervising person intended to remove the retaining wall through the modification of the design, and the existing design also was impossible for the supervising person to perform construction work in accordance with the drawing that does not remove the retaining wall because the existing building built on the surface intrudes the existing building building, and the underground excavation level is lower than the retaining wall.