The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The Defendant is found to have received KRW 18 million from the injured party, KRW 2 million in cash around May 16, 2008, and transferred KRW 18 million around May 30, 2008 by means of account transfer. However, it is not recognized that the Defendant received KRW 30 million in cash around June 3, 2008.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

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

According to the records, the court of original judgment shall serve a copy of indictment and a writ of summons by means of serving public notice in accordance with the special provisions on the procedure of trial in the first instance under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and sentenced a judgment by conducting a trial in the absence of the defendant. The defendant filed an appeal and filed a request for recovery of the right of appeal, and the court of original judgment

According to the above facts, there are grounds for a request for retrial under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the defendant's failure to attend the trial of the court below due to the lack of reasons

Therefore, this court shall proceed with a new litigation procedure, such as serving a duplicate of indictment on the defendant, and render a new judgment according to the result of a new trial. In this respect, the judgment of the court below cannot be maintained as it is (see, e.g., Supreme Court Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015). However, despite the above reasons for reversal ex officio, the defendant's assertion of mistake of the facts is still subject to the judgment of the court of this case, and it is examined in paragraph (3) below.

3. The following circumstances can be acknowledged by adding up the evidence duly admitted and examined by the court below, including the witness B’s each legal statement and copy of the passbook under H’s name, which was duly adopted and investigated by the court below on the Defendant’s assertion of mistake of facts.