The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant.

According to the records of this case, the court below served a copy of the indictment and a writ of summons by the method of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the defendant with a summons, etc., and sentenced one year to imprisonment by conducting deliberation in the state of his/her absence. The defendant alleged that he/she was unable to receive a copy of the indictment, etc. upon request for recovery of his/her right of appeal and was unaware of the fact that the judgment was pronounced, and the defendant was unable to

According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to

Since the judgment of the court below is recognized, it can no longer be maintained in this respect.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) except for the addition of “1. Defendant’s in-court testimony” to the first head of the judgment of the court below as stated in the corresponding column of the court below; and (b) thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.