The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

A copy (No. 1) of the KB National Card seized shall be the victim.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, Article 365 of the Criminal Procedure Act provides that if the defendant does not appear in court on the court date, the date shall be set again and if the defendant does not appear in court on the new court date without justifiable grounds, the court may render a judgment without the defendant's statement. However, in order to make a judgment without the defendant's statement, the defendant need not appear in court without justifiable grounds after receiving a summons of legitimate court date.

In addition, according to Article 63 (1) of the Criminal Procedure Act, service by public notice to the defendant can be conducted only when the dwelling, office, or present address of the defendant is unknown, and in the event that the defendant's home number, portable phone number, etc. are shown in the record, the defendant's attempt to contact the above telephone number and check the place of service and look at the place of service. It is not permitted to serve service by public notice and make a judgment without the defendant's statement because it violates Articles 63 (1) and 365 of the Criminal Procedure Act.

(See Supreme Court Decision 2009Do3206 Decided June 25, 2009, etc.). However, the lower court, in addition to the Defendant’s mobile phone numbers stated in the written indictment, sent the Defendant’s residence, office, or present address by means of service by public notice on the ground that the Defendant’s cell phone number was indicated in the evidence record, but did not attempt to confirm the place of service by communicating the Defendant with each of the above telephone numbers and look at the place of service, etc., and subsequently proceeded with the trial by public notice on the ground that the Defendant’s residence, office, or present address could not be known, and subsequently,