A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

In light of the records, prior to the determination on the above, the court below, pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, served a copy of indictment and a writ of summons through service by public notice, etc., and tried in the state of absence of the defendant, and sentenced one year to imprisonment. The defendant claimed the recovery of his right to appeal that he was unable to receive a copy of indictment, etc. and alleged to the effect that he was not aware of the fact that he was sentenced to the judgment. The fact that the decision on the recovery of right to appeal was made on

Therefore, the judgment of the court below cannot be maintained any more, since there is no reason attributable to the defendant who did not attend the trial of the court below and there is no reason to request a retrial under the Act on Special Cases Concerning the Promotion of Litigation

Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided as follows after pleading, such as going through a new examination of evidence.

[Dao-written judgment] The criminal facts and summary of evidence against the defendant recognized by this court are identical to each corresponding column of the judgment of the court below except for adding "1. The defendant's oral statement at the court below" to the summary of evidence of the court below's judgment. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the choice of punishment, and Article 355(2) and (1) of the Criminal Act (each point of breach of trust) (each point of breach of trust);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act is rendered.