Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. According to Article 63(1) of the ex officio determination of the Criminal Procedure Act, when the dwelling, office, or present location of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that service by public notice shall be made only when the defendant's whereabouts are not confirmed until six months have passed since the receipt of the report, although the defendant's whereabouts were taken necessary measures to confirm the defendant's whereabouts, and in light of the above six-month period is the minimum period established to protect the defendant's right to trial and right to attack and defense, "when the report on impossible service was received" shall be strictly interpreted (see, e.g., Supreme Court Decision 2003Do4983, Nov. 14, 2003).

According to the records, upon knowing the fact that the defendant was notified of the summary order of this case by public notice, the defendant filed a request for the recovery of the right to request the formal trial and the request for the formal trial on January 14, 2009, and the formal trial procedure was conducted according to the court's decision to recover the right to request the formal trial. The court below sent a writ of summons to the defendant on April 20, 2009, but received a service impossibility report stating that the defendant was not served due to the addressee's unknown whereabouts on April 20, 2009, and the court below, on June 30, 2009, ordered on June 30, 2009, the defendant's writ of summons was not served by public notice and ordered on October 16, 2009.

Therefore, the above decision of service by public notice is to the court below for the first time.