A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

The above fine shall be imposed on the defendant.

A. In fact, misunderstanding of the legal principles or misunderstanding of the vehicle lease agreement (1) the Defendant prepared a vehicle lease agreement with the content of “maintenance-containing goods” with the approval of the director, etc. of the victim company, and the Defendant did not arbitrarily forge the lease agreement.

(2) As long as the defendant acted as a broker for the conclusion of a motor vehicle lease contract between the victim and D, fraud is not established as there is a right to receive a brokerage fee regardless of the performance guarantee insurance policy.

(3) As to the fraud of a black box, the Defendant sent a black box with the approval of the head of T division of the victim company in order to send a black box to a customer who was not equipped with a black box due to the lack of a computer system, including a black box, for the reason that he was not equipped with a black box, and thus, the Defendant did not deceiving the victim and defraud the black box.

(4) Since the defendant received insurance money based on a credit guarantee insurance policy submitted when he/she entered the victim company for the reason that the victim company suffered damage due to the defendant, there is a justifiable reason to refuse to return the vehicle, since the defendant refused to return it.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Ex officio determination (1) With respect to a case that does not fall under death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years, a trial may be held without a statement of the defendant, as prescribed by the Supreme Court Regulations, where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of the report on the failure to serve on the defendant pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”).