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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is true that the Defendant received KRW 3 million from the victim (D) who is the father of C Co., Ltd. (hereinafter “instant company”).
However, the Defendant merely demanded the Defendant to pay the above money, did not directly speak to the Defendant, did not know how the F was said to the Defendant, and received the above three million won as education allowances and living subsidies, rather than borrowing from the damaged person.
2. Ex officio determination
A. According to Articles 455(3) and 276 of the Criminal Procedure Act, an amendment may not be made without the attendance of the defendant in the ordinary proceedings against a summary order: Provided, That pursuant to Articles 458(2) and 365 of the same Act, if the defendant who has requested a formal trial fails to appear in the court on the date of the public trial in the ordinary proceedings, the new date shall be determined and if the defendant fails to appear in the court on the new date without justifiable grounds, the judgment may be rendered without the statement of the defendant.
In order to render a judgment without a defendant's statement, it is necessary that the defendant does not appear in court without justifiable grounds even after receiving a summons of due date of public trial.
In addition, according to Article 63(1) of the Criminal Procedure Act, public notice service for the accused can be made only when the dwelling, office, and present location of the accused is unknown. Thus, in the event that the office or mobile phone number of the accused appears on the record, it should be viewed that the Defendant’s location to contact and to be served is confirmed, and the service by the method of public notice and the decision without the accused’s statement is made immediately without taking such measures. Article 63(1), 458(2), and 365 of the Criminal Procedure Act.