On January 1, 1994, the Defendant entered into an agreement to purchase the right to lease and the ownership of a building located in Bocheon-si F (hereinafter “G”) as a national forest attached to the said land, but the Defendant did not report the change of the lessee to the State that is the owner of F and paid rent for the State that is the owner of F. Therefore, the Defendant did not have any right to the said land and the appurtenances. The Defendant: (a) on June 2008, the victim I, the former wife of the said C, received the said land from Bocheon-si and concluded a sales contract, and paid the price in installments.

Nevertheless, on April 2015, the Defendant removed 1 bonds and 30 trees in the market price, which is the victim I owned by the victim I in Bocheon-si G, by removing 1 bonds and 30 trees.

2. Determination

A. The conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have a reasonable doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). In addition, the crime of destruction of property is established when the defendant loses or loses utility in accordance with its original purpose by exercising tangible power over all or part of another's property with the awareness that it infringes on the utility of the property owned by another (see, e.g., Supreme Court Decision 88Do1592, Jan. 31, 1989) by exercising tangible power over the property (see, e.g., Supreme Court Decision 88Do1592, Jan. 31, 198).