할부거래에관한법률
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be reasonable for the defendant.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. We examine ex officio the reasons for ex officio appeal.
According to Article 276 of the Criminal Procedure Act, if the defendant is not present, the court is not open, the representative represents the litigation under Articles 27 and 28 of the same Act, and if there is no representative, the special representative appointed by the court will act as the representative.
Therefore, when the defendant is a corporation, the representative or special representative shall be present and the amendment shall not be made without his attendance. However, another representative may be present pursuant to the proviso of Article 276 of the Criminal Procedure Act. However, according to Article 126 of the Regulation on Criminal Procedure, when a corporation intends to have a representative attend, a document proving the granting of the power of representation must be submitted to the
According to the records of this case, the facts that Defendant A’s in-house director E died around October 2017, and thereafter, the third trial date of the lower court’s third trial that was held on November 16, 2017, which was held on November 16, 2017, stated that E was present and died by an agent who was granted the power of representation from the original E (in-court No. 58 of the trial record), and that at the time, Defendant A was appointed by another representative or special agent at the time, or that he was not present at the trial date. Thus, the lower court erred by violating Article 276 of the Criminal Procedure Act by going through the trial procedure while Defendant A was absent.
In this respect, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed, and the above part of the judgment below is reversed, and it is again decided as follows, after pleading, pursuant to Article 364 (2) of the Criminal Procedure Act, since there is a ground for reversal ex officio as above.
[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.