Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. In light of the records, prior to the judgment on the grounds for appeal by the defendant ex officio, the court below held that the defendant did not appear continuously on the first and second trial date even after he was summoned lawfully, and that the court below sentenced the judgment after the amendment without the attendance of the defendant on the second trial date pursuant to Articles 458(2) and 365(2) of the Criminal Procedure Act.

However, Articles 458(2) and 365(2) of the Criminal Procedure Act provide that in case where the defendant who requested a formal trial on the date of trial for the summary order has failed to appear two consecutive times even after being summoned lawfully, an amendment may be made without the appearance of the defendant. Thus, there is no room for the application of Articles 458(2) and 365(2) of the Criminal Procedure Act to this case where the public prosecutor requested a formal trial.

Therefore, the judgment of the court below is unlawful and the illegality of the litigation procedure has influenced the judgment, so the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the background of the instant crime.