A defendant shall be punished by imprisonment for one year.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records, on January 28, 2009, the defendant was indicted for the case such as fraud, etc. by Seoul Northern District Court 2009Ma166, and on February 12, 2009, the indictment was served on the defendant's residence in "Seoul Northern-gu P" as stated in the indictment on February 12, 2009, and was served directly on the summons of the first trial date, the order to change the trial date, and the summons of the third trial date in the above dwelling area, but the defendant was not present on each trial date. The court of the court below issued the warrant of detention for the defendant's arrest, the warrant of detention for detention, and the warrant of detention for the defendant's arrest, and requested the defendant to appear on each trial date, and served the writ of each trial date after the lapse of six months, and then the defendant was absent, and the judgment of the court

Therefore, the court below served a writ of summons, etc. of the court date by public notice to the defendant although the location of the defendant is not confirmed or it does not fall under the case where the dwelling, office or present location of the defendant is unknown. The above measures of the court below are in violation of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18 and 19 (1) of the Special Rules on the Promotion, etc. of Legal Proceedings, and thus, it is unlawful. The court below's proceedings conducted based on such illegal public notice are all unlawful, and thus,

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.