A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding three million won.

When the defendant does not pay the above fine.

Punishment of the crime

[2014 Highest 2941] On January 24, 2013, the Defendant: (a) purchased a vehicle “E classs(S)” vehicle in Sungnam-si, Sungnam-si as if the vehicle was paid properly; (b) prepared an application for a vehicle installment of the victim Hyundai Capital Co., Ltd. (hereinafter “victim Co., Ltd”); (c) received it as the Busan Import Vehicle of the Victim Co., Ltd.; and (d) entered into a loan agreement with the victim on KRW 59,00,000 relating to the purchase fund of the said vehicle.

However, at the time, the defendant had no income due to the absence of a certain occupation, and there was no property under the name of the defendant, and there was no intention or ability to pay the installment payment for the vehicle, and there was no intention or ability to pay the installment payment for the vehicle after purchasing the vehicle in another place.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a loan equivalent to KRW 59,00,000 from the victim; and (c) acquired property benefits equivalent to the loan amount by receiving the said vehicle.

[2014 high-level 4342] E, the Defendant is a person engaged in mobile phone sales as an operator of “G” located in Seo-gu, Daejeon, and H is an employee of the said G.

E과 피고인, H는 거래처인 LG텔레콤으로부터 가입서류를 구비하지 아니하여 가입 철회된 휴대폰 5대의 가액인 540만 원을 지급하라는 통보를 받게 되자 위 대금을 마련하기 위해 피해자 주식회사 텔나라네트웍, SK네트웍스 주식회사 I으로부터 각각 판매를 위탁받아 보관 중이던 휴대폰을 임의로 처분하기로 모의하였다.

E과 피고인, H는 2013. 2. 12. 07:00경 'G'에서, 판매를 위탁받은 피해자 SK네트웍스 주식회사 I 소유인 시가 23,871,100원 상당의 갤럭시 노트2 등 휴대폰 26대, 피해자 주식회사 텔나라네트웍 소유인 시가 7,632,900원...