From September 2012 to July 2014, the Defendant received KRW 350,000,000 from the victim D as investment money in the ginseng dry field, and has made money transactions by receiving or repaying money from the victim for several times from around that time to around July 2014.

On August 12, 2014, the Defendant prepared a loan certificate to provide the ginseng planted in the ginseng field located in Seocheon-si, Incheon, with the money that the Defendant would change for the above period together with the victim, and to secure the above obligation, the Defendant provided the victim with the money that the Defendant would change for the above period.

Since the Defendant provided the ginseng of the above ginseng field as a collateral to the victim, the Defendant had a duty to keep and manage the above ginseng in line with the purpose of the collateral until the purpose of the collateral was achieved.

Nevertheless, on March 22, 2015, the Defendant violated the above duties and used the ginseng of the above ginseng field for personal purposes, such as the Defendant’s ginseng field operation fund, etc. at the I’s house located in Won-si around March 2, 2015, after selling the ginseng of the above ginseng field to I, and receiving KRW 90,000,000.

Accordingly, the Defendant acquired the benefit of KRW 92,500,000, which is the market price of the ginseng dry field of the above ginseng, and suffered property damage equivalent to the same amount from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some of the statements made to the defendant in the police interrogation protocol (including the statement made in D);

1. Each police statement made to D or I;

1. An investigation report (a photograph of a third party transaction agreement submitted by the I for reference), an investigation report (a document attached to the account transaction details by his/her husband and wife), and an investigation report (a counter investigation by a witness I);

1. Submission of a respective loan certificate, a three-dimensional loan agreement, materials submitted by the complainant, and evidential materials (a certificate of ginseng cultivation);

1. Inquiries about details of deposit transactions (the defendant and his defense counsel, and the victim's future 350,000; and