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(영문) 대구지방법원 포항지원 2018.11.28 2018고정325
경계침범
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who works as a manager of the D-owned land located in Southern-gu C, etc. at port.

1. On May 1, 2016, the Defendant: (a) removed the boundary marks indicating the boundary of the land from Nam-gu, Nam-gu, Sinpo-si; and (b) F (60) 4/5 shares in the above land and D’s land located in Nam-gu, Nam-gu, Nam-gu; (c) on April 1, 2014, the Defendant: (d) removed the boundary marks indicating the boundary of the land from the branch on April 1, 2014; and (d) removed the boundary marks indicating the boundary of the land from the blackter.

2. On November 2016, the Defendant: (a) removed the boundary marks indicating the boundary of the said land and D’s land located in Nam-gu, 1294 shares of which F is 1294 shares at the south-gu, Nam-gu, Mapo-si, Mapo-si; and (b) removed the boundary marks indicating the boundary of the said land on April 1, 2014 at the boundary of the branch offices at the Daegu-gu, Gyeongbuk-gu, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, and made it impossible to recognize the boundary of the land by arbitrarily installing a vinyl frame on that day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. All of the registered matters, on-site photographs, HNA satellite map photographs, H on-site photographs, and copies of the results of cadastral surveys;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site verification), investigation report (Submission of data by a complainant and request for appearance of a suspect);

1. Relevant Article 370 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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