On July 23, 2012, the Defendant: (a) entered into a contract for selling all of the ginseng of the instant ginseng field after receiving KRW 1.44 million from G to G, which misleads the Defendant that he/she had ownership of the said ginseng within the mid-term office operated by the Defendant, and (b) concluded a contract for selling the ginseng of the instant ginseng field; and (c) caused G to read the said ginseng from such time to July 26, 2012, thereby thefting the said ginseng owned by the victim.

2. From about 10 years prior to the Defendant’s assertion, the Defendant had been able to work with C using heavy equipment in the ginseng dry field managed by C, and became friendly with C.

In the meantime, when there was a lot of rent for using heavy equipment that the Defendant did not receive from C, the Defendant and C at their own expense around 2008 agreed that in the ginseng field of this case, at the expense of C, the Defendant and C manage the ginseng, and the owner thereof shall be the Defendant, and later C shall settle the management fee paid by C and the cost for using heavy equipment paid by C after harvesting and trading the ginseng.

Therefore, since the ginseng which was planted in the ginseng field of this case (hereinafter “the ginseng of this case”) is owned by the Defendant (or Defendant’s wife E), the Defendant’s disposal of the ginseng does not constitute larceny.

3. The judgment of this Court

A. According to the record, C’s own expense paid the difference between the portion of the ginseng dry field (owner and lessor H) of this case by the end of 2009, and bears the personnel expenses, pesticide charges, electricity charges, etc. of the division, and the Defendant’s wife cultivated the ginseng of this case. The Defendant’s wife filed a report thereon with the YAF as the cultivator of the ginseng dry field of this case.