The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the Defendant is aware that the above ground trees on the land outside G and four parcels of land (hereinafter “instant land”) are owned by the I and that C, etc. will be held responsible with the knowledge that the instant land is owned by the I, while performing civil engineering works on the instant land, destroyed or stolen trees owned by I, and thus, the Defendant cannot be deemed to have had no intention to destroy and damage property or to steals.

The court below erred in misconception of facts.

2. Determination

A. As stated in the summary of each of the facts charged of this case

(hereinafter referred to as "the item of this case" in this section. (b) The defendant destroyed or stolen trees as charged.

The lower court rendered a judgment on the ground that since the disposition authority of the instant trees was transferred to C, etc. with respect to the damage of property, it cannot be deemed that the Defendant could not be deemed that he damaged property owned by I and H, or that the Defendant acted in accordance with C, etc., and that there was an intentional intent to commit property damage, and as to larceny, it is difficult to deem that the trees of this case were deemed that the Defendant was possessed by C, etc. or the Defendant was possessed by C, etc., or that there was an intention

C. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below, the trees of this case are owned by the victim H or I (hereinafter “victim” when only I refers to “the victim”). The Defendant knowingly extracted the trees of this case from C and F, and thereby destroyed or stolen them by means of crushing, etc., in collusion with C and F.

Therefore, the judgment of the court below which acquitted each of the facts charged of this case is erroneous in misconception of facts.

(1) The trees of this case are owned by the victims with the permission of the owners of the land of this case for a long time, and are owned by C (R) and F (F).