The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Ex officio determination

A. According to Articles 455(3) and 276 of the Criminal Procedure Act, an amendment is not made without the attendance of the defendant in the ordinary trial proceedings against a summary order. However, according to Articles 458(2) and 365 of the same Act, when the defendant does not appear in the court on the date of the formal trial proceedings, a new date is set and when the defendant does not appear in the court on the new date without justifiable grounds, a judgment may be rendered without the statement of the defendant. Thus, in order to render a judgment without the defendant's statement, the defendant need not appear in the court without justifiable grounds even 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. Thus, in the event the defendant's office telephone number or mobile phone number is shown in the record, an attempt should be made to identify the place where service is to be made after contact with the above telephone number, and immediately issue a service by public notice without taking such measures and make a decision without the defendant's statement is not permitted as it violates Articles 63(1), 458(2), and 365 of the Criminal Procedure Act.

(See Supreme Court Decision 2009Do12430 Decided January 28, 2010, etc.). B.

According to the records, the court below: (a) served a writ of summons of the defendant by mail to "Sacheon-si, Nowon-gu," which is the domicile of the defendant as stated in the indictment, but was not served due to the absence of closure on March 20, 2012; (b) served the execution officer again to the above address on March 29, 2012 and April 12, 2012; but was not served with each addressee known on April 6, 2012 and April 18, 2012; (b) written request for formal trial submitted by the defendant on January 18, 2012, stating that the defendant's cell phone number F was written; and (c) the defendant's above.