2. Determination

A. The summary of the facts charged is that the Defendant borrowed KRW 99 million from the Gyeonggi-dong Ginseng Cooperative in his own name and gave a loan to the victim who had a relationship with the Plaintiff at the time for the purpose of cultivating the ginseng of the victim D. However, when the victim was aware of the fact that the victim, while paying the above loan, offered the ginseng field as security to another person, and borrowed money, he extracted the ginseng that was infinitely in the victim’s ginseng field for the purpose of recovering his claim against the victim from other creditors, and sold it to the victim’s ginseng field for the purpose of collecting the claim against the victim.

On July 26, 2011, the Defendant thincheon-si, M, N,O, and victim D’s ginseng field located in P, and extracted and stolen the ginseng amounting to KRW 15 million at the market price (hereinafter “the ginseng of this case”).

B. In full view of the following circumstances, the lower court determined that the possibility that the victim allowed the instant ginseng disposal to the Defendant cannot be ruled out, and otherwise, it is difficult to readily conclude that the Defendant arbitrarily stolen the instant ginseng without the victim’s consent, and it is difficult to deem that the Defendant had an intent to illegally obtain the ginseng.

around August 2007 and around August 2008, the victim borrowed KRW 99 million from the Gyeonggi East Ginseng Cooperative under the name of the defendant. During the process, the victim showed the ginseng of this case and obtained confirmation that the defendant cultivated it, and then, it is located in Q, R, S, T, U, V, and W, which are not the ginseng of this case.