사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. According to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits ex officio before determining the grounds for appeal by the defendant, Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Lawsuits, the service of public notice is required only when the whereabouts of the defendant is not confirmed by six months after the date of receipt of the report on the defendant's whereabouts, and in light of the fact that the above six-month period is the minimum period for protecting the defendant's right of claim for trial and attack and defense, the service of a writ of summons "when the service impossible report is received" should be strictly interpreted (see Supreme Court Decisions 203Do4983, Nov. 14, 2003; 201Do7570, Mar. 29, 2012; 2010Do1657, Oct. 16, 2014).
According to the above facts of recognition, the defendant.