사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Ex officio determination
A. According to Article 63(1) of the Criminal Procedure Act, service by public notice to the defendant in the criminal proceedings can be conducted only when the dwelling, office, or present address of the defendant is unknown. In the event that the actual dwelling, place of service, etc. of the defendant exists or the office telephone number or mobile phone number has been disclosed, an attempt should be made to serve the defendant with the above actual dwelling, etc. or to confirm the place of service through contact with the above telephone number. It is unlawful to promptly serve the defendant by public notice and render a judgment without the defendant's statement without taking such measures.
B. (See, e.g., Supreme Court Decision 2006Do3892, Jul. 12, 2007).
Facts of recognition
According to the records, the indictment of this case contains the defendant's address as "Y in the Jeonju-si P", the mobile phone number as " Q", and the defendant appeared at the court below's first and second court's trial dates and recognized all of the facts charged of this case, the court below concluded the defendant's oral argument separately from Co-defendant B, and the sentencing date for the defendant was estimated, and the trial date for the defendant was concluded later, the sentencing date for the defendant was designated as March 28, 2019, and the pronouncement date for the defendant and B was designated as March 28, 2019. The court below attempted to grasp the defendant's location, such as requesting the detection of the defendant's location, even after the defendant was absent at the court below's trial date, but the court below attempted to find out the defendant's cell phone number as stated in the indictment, and the court below did not set the phone number for the defendant
2.12. The service of the accused by public notice shall be decided on the grounds that the whereabouts of the accused is unknown, and a summons, etc. of the accused shall be served.