A. On May 14, 2012, the Defendant lent KRW 50 million to C, and obtained the right to collateral security for the Go-gu D field (hereinafter “instant Go-gu”) planted on the Go-gu D field (hereinafter “instant land”). Since the Defendant harvested the Go-gu horse as a mortgagee, it cannot be said that larceny was established.

B. The sentence of a fine of KRW 7 million imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and investigated by the lower court, the following facts are acknowledged: ① E-agricultural partnership (hereinafter “E”) is deemed to be established.

B. On December 1, 2011, as between C and C, when E pays land rents, cultivation costs, etc. to C, C entered into a consignment cultivation contract to cultivate the aged-gu horse on ten parcels of land, including the instant land and supply it to E.

The term “E” includes a contract with the effect that “E is subsidized for dry field rent and cultivation expenses to the high-end horse that it purchased to C, all rights to ownership and sale before disposal or harvest of the corresponding high-end crops, and C does not raise a civil or criminal objection against it.” ② By January 10, 2012, E paid the rent and cultivation expenses related to the entrusted farming to C. ③ On the other hand, around May 14, 2012, C borrowed KRW 50 million from the Defendant and secured the Defendant for the purpose of securing the payment of KRW 50 million.

9. up to 20.20. C shall provide the Defendant with a high-gu dry field of 170 million square meters for KRW 50,000 and shall waive it until September 20.

“Before September 20, 2012,” prepared a real estate lease agreement stating the content, but escaped without paying the said money until September 20, 2012

(4) E shall be removed from October 7, 2012.