사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Article 23 of the Act on Special Cases concerning the Promotion, etc. of Ex officio Judgment Proceedings; Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases concerning the Promotion, etc. of Lawsuits, when the location of the defendant is not verified even though the defendant took necessary measures to identify the location of the defendant, service on the defendant shall be made by means of serving public notice. Article 63(1) of the Criminal Procedure Act provides that service on the defendant may be made by serving public notice only when the dwelling, office, or present location of the defendant is unknown.
Since other contact points of the defendant appear in the record, it should be viewed that the defendant's attempt is made to identify the place where the service is to be made, and it is not allowed to make a judgment without the defendant's statement (see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do6762, Jul. 28, 2011). According to the records, the victim's complaint submitted to an investigative agency includes the mobile phone number (G) (3 pages of evidence record), and a copy of the credit report attached to the investigation report (A's credit inquiry report attached to A), the defendant's address (H, 405 Dong105), the telephone number (I), the workplace address and the address of the defendant's cell phone number (G), and the telephone number of the defendant's cell phone number (hereinafter referred to as the above phone number) or the telephone number of the defendant's phone number (hereinafter referred to as 85).
The court below's decision that the defendant's location is not confirmed without such measures is delivered by means of public disclosure immediately and decided without the defendant's statement because it is concluded that the defendant's location is not confirmed.