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The defendant shall be innocent.
Reasons
1. Around January 4, 2006, the Defendant leased the land owned by E and F in Ansan-si D and tried to cultivate ginseng jointly with the victim G and divide one half of the profits.
On July 1, 2011, the Defendant sold an amount equivalent to KRW 95 million (hereinafter “instant ginseng”) of five-year root ginseng from the said ginseng field to H, and embezzled that amount by using the amount in his/her own discretion for repayment of loans and living expenses, etc. from the voice belt around that time.
2. The gist of the Defendant’s assertion is that the instant ginseng was disposed of in order to repay the debts that he borrowed under his name in order to secure expenses for the cultivation of ginseng. In fact, most of the money was used to repay the loans, and the remainder was kept in custody for G up to now, and thus, there is no criminal intent of embezzlement.
3. According to the records of this case, the fact that the defendant disposed of the ginseng of this case in another place without the consent of G is recognized.
However, according to the records of this case, the following facts are acknowledged: (a) the Defendant received a loan of KRW 69 million in the name of the Defendant in the name of the Defendant at the request of the financial institution to raise expenses for the ginseng cultivation in the name of the Defendant; and (b) around July 2007, the Defendant used the above KRW 69 million in the name of the Defendant; (c) the Defendant used the remainder of KRW 47 million in G; (d) the Defendant failed to repay the above loan; and (e) the Defendant sold the ginseng of this case to H around July 201 and repaid KRW 70,939,561 out of it as the principal and interest of the above loan.
In other words, the following circumstances recognized as above and the record of this case, namely, ① the Defendant did not notify G of the fact that he sold the ginseng of this case to G and did not dispose of the ginseng of this case separately cultivated except the ginseng of this case and did not repay the loan, thereby making the Defendant be faced with the situation in which he would be fully repaid.