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(영문) 대전지방법원 2013.07.04 2012노1812

전자금융거래법위반

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The punishment of a fine of two million won imposed by the court below is too unreasonable.

2. According to Article 63(1) of the Criminal Procedure Act, when the dwelling, office, or present location of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that service by public notice shall be made only when the defendant's location is not confirmed after six months have passed since the receipt of the report, although the defendant's location was taken necessary measures to confirm the defendant's location, and in light of the above six-month period is the minimum period established to protect the defendant's right of claim for trial and right of attack and defense, "when service impossibility report is received" shall be strictly interpreted (see, e.g., Supreme Court Decision 2003Do4983, Nov. 14, 2003).

According to the records, upon knowing the fact that the defendant was notified of the summary order of this case by public notice, the defendant filed a request for the recovery of the right to request the formal trial and the request for the formal trial on January 6, 2010, and the procedure of the formal trial was conducted according to the court's decision to recover the right to request the formal trial. The court below may recognize the fact that the defendant sent a writ of summons to the defendant on March 5, 2010, but the service impossibility report on the ground of director's unknown was received on March 5, 2010, and on June 11, 2010, ordered the defendant to serve the service by public notice even after the correction of address, and ordered the defendant to do so on June 11, 2010, while

Therefore, the above decision of service by public notice is made before the lapse of six months from March 5, 2010, which was received by the original court.