beta
(영문) 부산지방법원 2018.03.23 2017노3547

사기

Text

The judgment of the court below is reversed.

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

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment with prison labor for a period of eight months) is too unfluent and unfair.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18(2) and (3) and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the determination of the grounds for appeal by the prosecutor of the ex officio judgment provides that service on the defendant shall be made by serving public notice if the whereabouts of the defendant is not confirmed even though the defendant was taken necessary measures to confirm the whereabouts of the defendant. 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 whereabouts of the defendant is unknown.

Therefore, in cases where other dwelling places, contact numbers, etc. of the defendant appear on the record, an attempt shall be made to send a writ of summons to the address or to confirm the place where the defendant is to receive a summons by contact with contact address, and it is not allowed to promptly serve a summons by the method of public notice and 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 record, the certified copy of the resident registration certificate attached to the loan agreement, the copy of the lease contract, the copy of the application for loans (counseling), the customer information inquiry list, and the mobile phone number of the defendant's mobile phone number (see, e.g., Supreme Court Decision 200, 2006Do3892, Jul. 28, 2011).

The service of public disclosure is made immediately because it is concluded that the defendant's whereabouts are not confirmed without taking such measures.