The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the fact-finding) is that the defendant was engaged in the ordinary business of the union as an executive member, but the victim raised an objection, and since the defendant was aware of this, the defendant should have disposed of the tree, which is a combination property, with the consent of the victim, and if he voluntarily taken out the tree, the defendant was recognized as an illegal acquisition intent and thus, the crime of larceny is constituted. The court below acquitted the defendant of this fact, which affected the conclusion

2. The facts charged and the judgment of the court below

A. From July 197, the Defendant, from around July 1997, operated a partnership in a way that purchased victims C and landscaping trees in a relationship with them and sells them, and distributes the remainder of profits except for expenses.

1) Around 07:00 on July 23, 2009, the Defendant: (a) cut off 4.2 million won per single tree 4.2 million won at the market price of the 4.2 million won, which is a combination of relics with the victim planted at the same place without the victim’s consent; (b) on July 31, 2009, the Defendant cut off 20 million won at the same place without the victim’s consent.

3) On October 24, 2009, the Defendant, without the victim’s consent, cut off 100 scrobin tree 1,50,000 won at the market price of 2.5 million won, which is a combination of relics with the victim planted at the same place without the victim’s consent. 4) The Defendant, at the same place as before October 25, 2009 at around 07:0 on October 25, 2009 and without the victim’s consent, stolen 90 scrobin tree 1.8 million won at the market price, which is a combination of relics with the victim planted at the same place.

5) Around 16:00 on October 25, 2009, the Defendant: (a) cut off 10,000 scrobin tree 2.50,000 won at the market price, which is a combination of relics with the victims planted therein without the victim’s consent; (b) around 10:00 on November 23, 2009, the Defendant cut off 10,000 scrobin tree from Dasan-si, and without the victim’s consent.