A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. We examine, ex officio, prior to the judgment on the grounds for appeal by the defendant for ex officio determination, whether the litigation procedures in the original judgment are legitimate

According to Article 63(1) of the Criminal Procedure Act, when the whereabouts of the accused are unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Articles 18 and 19 of the Decree on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the trial of the first instance, if the whereabouts of the accused is not confirmed at the expiration of six months after receipt of the report on impossibility of service by public notice, the service on the accused shall be made by public notice.

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(See Supreme Court Decision 201Do1094 Decided May 13, 2011. According to the record of the instant case, the Defendant was indicted for fraud and embezzlement as of April 23, 2014. The lower court did not make an attempt to send a duplicate, etc. of indictment to the Defendant’s address, Jongno-gu Seoul, Seoul, as “C” within its phone number, or to confirm the Defendant’s place of service and to regard the Defendant’s phone number.