The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. According to the records of recovery of the right of appeal in this case, ① serve a writ of summons, etc. of the defendant through public notice service pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and tried to examine the defendant in his/her absence on March 20, 2018, and ② the defendant asserted that he/she was unable to appear on the designated date because he/she did not know of the trial date due to the relation of hospitalization at the hospital when requesting recovery of the right of appeal filed by the court below formally finalized, and ③ the court below recognized that the defendant was unable to file an appeal within the appeal period due to reasons not attributable to the defendant on April 18, 2018, and determined to recover the right of appeal.

Therefore, barring any special circumstance, there is no reason to believe that the defendant was unable to attend the trial of the court below, and thus, there is a ground to request a retrial under the Act on Special Cases concerning the Promotion of Lawsuit falling under the Reasons for Appeal under Article 361-5 Item 13 of the Criminal Procedure Act

As such, the appellate court should proceed with a new litigation procedure against the defendant and make a new decision according to the result of a new trial.

Therefore, the judgment of the court below can no longer be maintained.

B. In the case of the amendment of the indictment, the prosecutor applied for the amendment of the indictment as stated in the judgment below, and this court permitted the amendment of the indictment as stated in the above facts, so long as the subject of the judgment is changed, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed ex officio. Thus, Article 364 of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing.