A defendant shall be punished by imprisonment for not less than three months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

A. misunderstanding the facts and misapprehension of the legal principles, as the Defendant had the intent and ability to repay the money borrowed from the damaged person at the time of the instant case, the Defendant by deceiving the victim with the intent to commit the crime of defraudation.

shall not be deemed to exist.

Nevertheless, the lower court erred by misapprehending the facts charged and by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (three months of imprisonment) is too unreasonable.

2. The court below, ex officio, rendered a judgment of conviction against the defendant by serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed even after taking measures to confirm the whereabouts of the defendant, such as correction of address, request for detection of location, issuance of detention warrant, etc.

After that, the defendant filed a request for recovery of the right of appeal on the ground that he was unable to receive the notice of a copy of indictment, etc., and the court of original instance decided to recover the right of appeal on the ground that the defendant was unable to file an appeal within the period of appeal due to the reason that

As can be seen, there is a ground for review that the lower court’s judgment is stipulated in Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and that “where a defendant who was convicted of a conviction was unable to attend the trial due to the cause for which

In a case where the defendant claimed the recovery of the right to appeal for reasons that he could not file an appeal within the period for appeal due to a cause not attributable to the defendant or his representative without requesting a retrial, and the defendant alleged that there was such reason for the request for retrial.