The defendant shall be innocent.

1. The Defendant is the Director of the New Construction Site of D Electric Housing Co., Ltd. on the ground of Echeon-si.

The Defendant, at the construction site of April 2015, destroyed approximately KRW 800,000, the market value of the victim E, which was planted by the Defendant, was around KRW 4.8 million.

2. Determination

A. The defendant and his defense counsel asserted that the above trees are not owned by E, but owned by the ballast mining, Inc., the owner of the land where the above trees are planted, and that the above trees were cut out with his permission and do not constitute a crime of causing property damage.

B. According to the evidence submitted by the prosecutor of the facts of recognition, Leecheon-si: (a) the ownership transfer registration has been completed on June 28, 2003 under the name of F and seven other persons on the ground of donation on June 23, 2003; (b) the ballast Shipping Co., Ltd. on March 26, 2015 on the above land was completed on January 28, 2015; and (c) the Defendant was awarded a contract for the construction of the Housing Site Development Project for Leecheon-si, Seoul from March 2015 to March 9, 2015; and (d) the construction amount of construction amount of construction amount of construction amount of KRW 584,00,000 (Additional tax).

C. The complainant, in 2004, asserts that E had planted the attention as stated in the facts charged on the above land.

However, inasmuch as the ownership of trees planted without title on another’s land belongs to the landowner and if the ownership is planted by title, such ownership is recognized to the person who has been planted (see, e.g., Supreme Court Decision 97Do3425, Apr. 24, 1998). In this case, in order to be found guilty of the facts charged by the prosecutor in this case, E, the complainant, at around 2004, was aware of the attention stated in the facts charged on the said land with a legitimate title. Even if following the complainant’s assertion, E, not directly planting trees with permission from the landowner, is permitted from the G, which is the manager of the said land.