The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal states that the ownership of the instant trees is the victim, and that it was said that the victim transferred the instant trees to G, the former owner of the F land in Gangseo-si, which the Defendant purchased, within the land owned by the victim. However, around the beginning of December 2011, the husband of the Defendant stated that the Defendant did not transfer the instant trees because he discussed about the establishment of a pents in the boundary between the victim and the land with the victim, and that it is legally impossible for the victim to transfer the instant trees because the superficies on the instant trees were established on or around March 2012. On April 24, 2012, the Defendant stated that it was legally impossible for the Defendant to move the instant trees to the Defendant without permission of the victim to the land owned by the victim. In light of the fact that the Defendant filed a report on the denial of the defects by the victim to the police without permission of the victim, the Defendant was aware that the instant trees owned by the victim.

Therefore, although the facts charged in this case are guilty, the court below acquitted the defendant on the ground that it cannot be deemed that the defendant had the ownership of the trees in this case at the time of extracting the trees of this case. Thus, the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. The lower court: (a) around September 201, 201, when the victim requested G to transfer the instant trees at the time when the Defendant purchased the F site of Gangnam-si from G; (b) G delivered the said victim’s request to the Defendant; (c) the Defendant subsequently told the victim to transfer the instant trees if the date falls short of the number; and (d) G purchased the said land from the court of the lower judgment and managed the instant trees by taking over the instant trees when he purchased the said land from the said Gangnam-si Si, and customarily harvested negligence, etc.