사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,500,000.
The above fine shall not be paid by the defendant.
1. Although the defendant did not commit any act identical to the entries in each of the facts charged in this case, all of the facts charged in this case are found guilty, the court below erred by misunderstanding of facts (the defendant did not submit a written reason for appeal and the petition of appeal does not state the reason for appeal, but does not state the reason for appeal, and there is no "the case can be recognized
2. Determination ex officio is made on the grounds that the phrase “ ........... are written, and that the phrase “ ......”
A. In a case where a defendant filed a claim for recovery of appeal against the judgment of the court of first instance, which was affirmed without a defendant's statement pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the defendant filed a claim for recovery of appeal and cited it, if such grounds include circumstances in which the defendant could not be present in the trial due to a cause not attributable to him/her, it is reasonable to deem that there exist grounds for a request for retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, it is reasonable to deem that the grounds for appeal corresponding to "when a request for retrial has
Therefore, in the above case, the appellate court should examine whether there are grounds for the request for a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and there are such grounds.
If recognized, the judgment of the first instance court shall be reversed, and a new judgment shall be rendered based on the result of the new trial, including serving a duplicate of indictment, etc. (see, e.g., Supreme Court Decision 2015Do8243, Nov. 26, 2015). (b) According to the records, the court of original judgment shall serve the defendant with a copy of indictment and a writ of summons by serving public notice in accordance with Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and shall proceed with the trial on April 24, 2015 while the defendant was absent, and ② the defendant shall be the original district court on February 5, 2016.