The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four years.

A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant did not instruct D to recruit the withdrawals, and thus, it is irrelevant to the instant telephone financing fraud crime.

Nevertheless, the judgment of the court below which found the defendant guilty on the grounds of the testimony of D without credibility is erroneous in the misapprehension of facts or in the misapprehension of relevant legal principles.

B. The punishment sentenced by the lower court (4 years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Ex officio determination on the grounds for appeal by the Defendant is based on the following facts, prior to the judgment on the grounds for appeal by the Defendant.

① The Defendant appeared at the lower court on March 29, 2017, and concluded his/her pleading on the same day, but was not present on the date of trial on April 5, 2017, which was designated as the date of pronouncement.

② On November 13, 2017, the lower court rendered a decision to serve a public notice on November 13, 2017 by requesting the detection of the location of the Defendant, and served the Defendant’s writ of summons by means of serving public notice and served the date of public trial on November 29, 2017.

③ On December 13, 2017, the lower court, without delivering a writ of summons of the Defendant, declared a judgment in the absence of the Defendant, following the trial date on December 12, 2017.

2) According to the above facts of recognition, the court of original judgment rendered a judgment after serving a writ of summons to the defendant only once by serving the public notice, which violates Article 19(2) of the Special Cases Concerning the Promotion, etc. of Legal Proceedings, which provides that only when the defendant does not appear without the defendant's statement in accordance with Article 23 of the Special Cases Concerning the Promotion, etc. of Legal Proceedings, only when he/she received summons of the date of trial by serving the public notice at least twice.

Therefore, the part of the judgment of the court below against the defendant in violation of the law and thus it is impossible to maintain it as it comes to the case.

3) However, above.