The prosecutor's appeal is dismissed.

1. The complainants of the grounds for appeal concluded a lease agreement with F, which is the actual owner of the land in Ansan-gu, Jeonsan-si (hereinafter “instant land”) on September 10, 201, and had a legitimate title to planting trees, and comprehensively taking account of the evidence submitted by the prosecutor, the complainants of the instant land could fully recognize the fact that trees were planted on or before June 15, 201, but the judgment of the court below which acquitted the Defendant, is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged is to purchase the instant land jointly with the father C, and the Defendant awarded a successful bid on April 17, 2012 in the public sale procedure and completed the registration of ownership transfer in the name of C on June 15, 2012.

After receiving the successful bid of the above land, the Defendant notified E, the complainant who planted the ornamental trees of the above land, that he moved the ornamental trees to another place, and set up a wooden sign that contains the same purport in the surrounding area of the above land, but the complainant did not move the ornamental trees continuously, and the Defendant did not directly extract the ornamental trees.

On May 19, 2013, at around 10:30, the Defendant destroyed the instant land by having the person under whose name he/she sold approximately 30 glus of ornamental trees, such as coefficient tree 1glus, which is owned by the complainant, who was planted by the complainant by leasing the said land from F, the former owner of the instant land (hereinafter “the instant trees”).

B. The lower court’s judgment: (a) the Defendant invested funds jointly with C on April 17, 2012, and purchased the instant land as a public sale; and (b) purchased it as a public sale.

6.15. 15. The fact that the registration of ownership transfer was completed in the name of C, ② the Defendant confirmed that trees are planted on the instant land around November 2012, and affixed sign signs stating the content of “A” by collecting trees, and ③ the Defendant who did not comply therewith.