Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. According to the records, the defendant filed a request for recovery of the claim for formal trial against the summary order by this court No. 2010 high-level 2882, Jul. 25, 2011, which was issued on August 2, 2011, and received a notice en bloc as to the 1 and 2th trial date of the formal trial with the decision of acceptance on Aug. 2, 2011. The court below acknowledged the fact that the defendant did not appear even on the second trial date when he did not appear and received a separate writ of summons without being present on the first trial date, and that he sentenced a fine of KRW 3,00,000 to the defendant after the completion of the trial in the presence of the defendant pursuant to Articles 458(2) and 365(2) of the Criminal Procedure Act.

B. According to Article 365 of the Criminal Procedure Act applied mutatis mutandis pursuant to Article 458 of the same Act, if the defendant who has requested a formal trial against a summary order fails to appear in the court on the date of the formal trial procedure, the new date shall be set, and if the defendant fails to appear in the court on the new date without justifiable grounds, it shall be judged without the defendant's statement. This is a kind of restrictive provision which considers that the defendant has waived his right to pleading on the merits due to the defendant's neglect to appear in the court on the new date. Thus, if the defendant intends to assume the responsibility for the second time of absence, he need not appear in the court without justifiable grounds after receiving a writ of legitimate court date twice (Supreme Court Decision 2002Do326, Apr. 12, 2002). Thus, in order to hold a substitute trial against the defendant who has been absent on two occasions pursuant to the above provision, the court shall notify the defendant once in accordance with the language and text of the above provision, but the defendant must be absent on the designated date, and the defendant shall be notified once in the two times.