The prosecutor's appeal is dismissed.

The summary of the facts charged is that the defendant is a person engaged in the business of collecting high water, and the victim C is a death that he/she becomes aware of by entering into a contract to build a provisional building in the victim's plastic greenhouse.

In the process of establishing a provisional building, the defendant demanded funds more than down payment to the victim.

However, in order to bring high-priced construction materials, such as boiler installed within a building where the victim did not respond to this, the victim had a mind to bring about his/her damage.

피고인은 피해자의 비닐하우스에서 피고인이 공사하며 점유하고 있던 피해자 소유의 시가 60만 원 상당의 보일러 1대, 시가 30만 원 상당의 진열장 1개, 시가 10만 원 상당의 샤워부스 1개를 가지고 가 이를 횡령하고, 석고보드, 전기스위치, 방문 등(이하 보일러, 진열장, 샤워부스, 석고보드, 전기스위치, 방문 등을 합하여 ‘해당 물품’이라 한다)을 부숴 약 100만 원 상당의 재물을 손괴하였다.

2. The summary of the grounds for appeal widely recognizes the special circumstances where the ownership of a new building belongs to a contractor. In light of the fact that the victim paid the Defendant the construction cost of KRW 13.5 million to the victim, and that the Defendant and the victim’s speech and behavior were conducted on the premise that the relevant goods are owned by the victim, the said goods are deemed owned by the victim.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

3. Determination

(a) A person who constructs a building with his/her own effort and materials generally in accordance with a legal doctrine on the ownership of a building newly constructed in accordance with a building construction contract shall acquire the ownership of that building upon original use, provided that in the contract, the contractor shall complete the building with his/her own effort and materials.