The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

The above fine shall be imposed on the defendant.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the fine of one hundred thousand won) is too unreasonable.

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 18(2) and (3), and Article 19(1) of the Enforcement Rule of the same Act provide that service on the accused shall be made by means of serving public notice, if the whereabouts of the accused is not verified even though the accused took necessary measures to confirm the whereabouts of the accused, prior to the accused’s argument of unfair judgment ex officio.

In addition, according to Article 63(1) of the Criminal Procedure Act, a notice service on a defendant may be made only when the dwelling, office, or present location of the defendant is unknown. In the event that the defendant's home phone number or mobile phone number is shown on the record, an attempt is made to confirm the place to be served with the above phone number and to regard it as the place to be served. It is not permitted to serve a notice by the method of public notice and to make a judgment without the defendant's statement as it violates Article 63(1) of the Criminal Procedure Act.

Upon examining the records of this case in accordance with the above legal principles, the court below acknowledged that when the copy of the indictment was unable to serve the defendant due to the unknown whereabouts of the defendant, commissioned the defendant to detect the location of the defendant's cell phone without taking measures such as telephone, etc., and it was proved that the location of the defendant was unknown, the court below decided that the defendant's residence, office, and present location cannot be known without taking necessary measures to confirm the location of the defendant, and immediately delivered the document by means of public notice delivery, and summoned the defendant by public notice delivery, and without proceeding with the defendant's statement while the defendant was absent. The court below's litigation procedure is governed by the above Act on Special Cases and the Criminal Procedure Act.