A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[2013 Highest 1383]

1. Around August 4, 2011, the Defendant: (a) around August 4, 201, the Defendant: (b) committed an act as if he would pay the vehicle price to D; (c) requested the shipment of one vehicle in the name of K7 car; and (d) paid the vehicle price by credit card in the name of the F.

However, the Defendant did not have consented from the above F to pay the above vehicle price with the credit card of the above F. Moreover, the Defendant had no intention to pay the above vehicle price to pay the above vehicle price properly because the Defendant received the above vehicle amounting to approximately KRW 200,000,000 from the above F without any specific revenue, and immediately intended to pay the debt by cash through the sale and purchase of the above vehicle.

Accordingly, the defendant, by deceiving D, obtained 32,854,00 the vehicle price owned by the victim around August 11, 201 through D, and obtained 1 G from 32,854,00 the vehicle price owned by the victim.

[2013 Highest 3084]

2. The Defendant was a person who served as a business employee at his agency in Geumcheon-gu, Geumcheon-gu, Seoul.

H around May 31, 201, at the above Hyundai Motor J agency, let K purchase the No. 48,610,000 won of the market price, and applied for a loan of KRW 35,000,000 out of the above vehicle price to Hyundai Capital Co., Ltd., and paid KRW 35,000,000 to Hyundai Motor as the vehicle price.

The Defendant, as a modern vehicle business employee, was aware that H had K purchase the said vehicle and then intended to sell it to another person immediately, and that K was unable to timely repay the said KRW 35,00,000 from the victim company even after having borrowed the said KRW 35,00 from the victim company.