The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person engaged in electrical construction business, who is the victim C and the wife.

On April 8, 2017, the Defendant, around 10:00, maintained its utility by digging off 120 weeks of night tree 10 years old tree 10 and 120 weeks (market price omitted) that had been planted and managed by the Victim C (T, South 53 years old) to the North west-gun of North Korea.

2. Under Article 256 of the Civil Act, the ownership of a forest tree planted without authority to another person’s forest and field belongs to the owner of the forest (see Supreme Court Decision 2005Do9752, Mar. 23, 2006). 3. Determination is recognized that the Defendant buried an unclaimed amount of 5,058 square meters (hereinafter “the instant forest”) in the previous North west-gun D forest and field into another place (hereinafter “the instant forest and field”). (The facts charged are 120 square meters of the number of night trees planted by the Defendant. However, according to the visiting investigation by investigators, it appears that approximately 70 night trees planted by the Defendant were 120 weeks (the investigative record No. 30 pages), it is insufficient to recognize that the Defendant’s share in the instant forest and field was 120 weeks, not the victim’s share in the instant forest and field, but the Defendant’s share in the instant forest and field was owned by each of the instant forest and forest to be owned by the victim.

Therefore, the evidence submitted by the prosecutor alone is insufficient to recognize the victim C as the owner of the night tree that was planted in the forest of this case, and there is no other basis to recognize it.

On the other hand, E, F, and G, the owner of the instant forest, had already died before the instant case, and F was entrusted in the name of E, I, and G as the line owned by the H clan in this Court.