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(영문) 서울북부지방법원 2018.11.29 2018고단1993

사기미수등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative of the Co., Ltd. (hereinafter “B”), filed a lawsuit claiming compensation for damages with the content that “the victim caused damage to B as he/she failed to develop the circuit board,” as he/she requested the development of the circuit board from Oct. 2014 to Oct. 2016, 2016, but did not develop the circuit board that meets the performance required by B, and thereby failing to do so, he/she should compensate the victim for the damage.” However, the Defendant brought a lawsuit with the victim’s address as the place of delivery, even if the victim did not work in B, even if he/she did not work in B, and the Defendant received the documents of lawsuit, such as the duplicate of the written complaint, from Oct. 2014 to Oct. 2016, by receiving a favorable judgment by deeming the victim as having been unable to appear on the date of pleading, and accordingly, was willing to compel the victim’s property to enforce compulsory execution.

Accordingly, on April 3, 2017, the Defendant filed a lawsuit with the Seoul Northern District Court (Seoul Northern District Court 2017Gadan7481, Seoul Northern District Court 2017) claiming the payment of damages of KRW 13860,872, the damages of KRW 13862,00,000 and delayed damages of KRW 749 (Dobongdong).

1. On April 17, 2017, the Defendant signed the above C as “C” in the signature column of the notice of postal service on the said mail, while the Houseman, who had been in order to deliver the mail containing a duplicate of the complaint, the guide of the lawsuit, and the summary of the response in both weeks, in E, signed the above C as “C” in the signature column of the notice of postal service on the said mail, from that place to that day, signed the above Houseman five times in total, as shown in the attached list of crimes, from that time to June 15, 2017, and signed the “C” in the same manner as indicated in the attached list of crimes.

The defendant has no authority for the purpose of exercising his authority.