A. Since the Defendant misjudgments the facts with regard to the trees (hereinafter “the trees of this case”) located in Jeonju-gun C (hereinafter “the forest of this case”) was planted with a legitimate title, the owner of the trees of this case is the Defendant, and the Defendant did not have any intention to larceny.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. (1) Determination of the misunderstanding of facts is that the ownership of trees planted without title on the land of another person belongs to the land owner and if the ownership is planted by title, that ownership shall be deemed to exist to the person who has planted the ownership.

(2) According to the evidence duly adopted and examined by the court below (see Supreme Court Decision 80Do1874, Sept. 30, 1980). (2), the forest of this case was owned by L clans, the ownership transfer registration of which was completed under the name of G, H, I, J, and K, and the defendant planted the tree of this case while managing the forest of this case for the clans. The defendant did not obtain the consent or consent for planting trees from the clans, the owner of the forest of this case at the time when planting the tree of this case. The defendant did not own the forest of this case as a legitimate owner of the forest of this case, and Samo completed the share transfer registration on Sep. 4, 2012 and March 19, 2013 with respect to the entire shares of the forest of this case. The victim cannot be deemed as a legitimate owner of the forest of this case. In light of the above legal principles, the defendant cannot be deemed as a legitimate owner of the forest of this case.

In addition, the ownership of the instant forest land was transferred to another person on September 4, 2012 and March 19, 2013, and the Defendant was transferred on May 2014 at least one year thereafter.