The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is a person who cultivates ginseng under environment-friendly agriculture law.

On March 2014, the Defendant: (a) in the Defendant’s ginseng field of the ginseng that was cultivated by the Defendant, around 2014, sold the ownership of the ginseng in two Dongs of the ginseng field cultivated by the Defendant to the victim at the price of KRW 50 million; (b) in managing the ginseng field, the Defendant prepared an agreement between the victim and the Defendant on the content that the Defendant would jointly decide on the shipment and sale of the ginseng cultivated while managing the ginseng field; and (c) received all the payment of KRW 50 million.

In November 2017, the Defendant processed the ginseng dry field in the form of red ginseng in the market of ginseng owned by the victim, which was planted in the said dry field at will, on the ground that the Defendant did not cooperate with the “environmental agricultural product certification” for ginseng produced in the said dry field, in two Dongs of the ginseng dry field, which was managed for the victim under the above agreement, on the ground that the victim did not cooperate with the “environmental agricultural product certification.”

Accordingly, the Defendant embezzled the unclaimed ginseng at the market price, which was kept in custody for the victim.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by this court, it is difficult to recognize the intent of unlawful acquisition by deeming that the Defendant, as the victim did not perform his/her duty under the agreement with the Defendant and thus making it difficult to cultivate ginseng any longer, he/she would have harvested and processed all of the ginseng and stored the ginseng owned by the victim in freezing.

It is difficult to say that the evidence submitted by the prosecutor alone that the defendant had the intent to acquire illegal property, or that the defendant embezzled the victim's property as stated in the facts charged, to the extent that there is no reasonable doubt.

(1) The defendant shall own two ginseng from among five Dongs in a ginseng dry field where the victim and the defendant cultivated, and the victim shall be newly concluded between the lessor of the ginseng dry field and the victim of the ginseng dry field.