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

The above fine shall not be paid by the defendant.

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

According to Articles 455(3) and 276 of the Criminal Procedure Act, an amendment is not made without the attendance of the defendant in the ordinary trial proceedings for a summary order: Provided, That pursuant to Articles 458(2) and 365 of the same Act, when the defendant does not appear on the date of public trial in the ordinary trial proceedings, a new date is set and when the defendant does not appear in the court on the new date without justifiable grounds, a judgment may be rendered without the defendant's statement. Thus, in order for the defendant to make a judgment without the defendant's statement, the defendant needs not appear in the court without justifiable grounds even after receiving a summons of due date of public trial.

In addition, according to Article 63(1) of the Criminal Procedure Act, the service on public notice to the accused may be conducted only when the dwelling, office, or present location of the accused is unknown. Thus, in the event the actual dwelling, place of work, or the home phone number or mobile phone number of the accused appears on the record, an attempt should be made to confirm the place to be served with such actual dwelling, etc. or contact with the phone number, etc., and the delivery by public notice immediately without taking such measures and making a judgment without the accused’s statement is not permitted as it violates Articles 63(1), 458(2), and 365 of the Criminal Procedure Act (see, e.g., Supreme Court Decisions 209Do1240, Jan. 28, 2010; 2011Do1210, Dec. 8, 2011); on the other hand, the first instance court and the defendant did not appear in the court for public trial as well as the second instance court for public trial.

To the extent that the defendant was examined and judged without a statement,