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(영문) 서울중앙지방법원 2014.09.29 2014노3001
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from the applicant for compensation 150,000.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the defendant is too unreasonable.

2. According to Article 63(1) of the Criminal Procedure Act for ex officio determination, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings do not correspond to death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years, in the trial of the first instance, if the whereabouts of the defendant is not confirmed by public notice after six months have passed since the receipt of the report on impossibility of service to the defendant, even though the case falls under death penalty or imprisonment with or without prison labor for more

Therefore, if the office, telephone number, etc. of the defendant appears on the record, an attempt should be made to contact the address and telephone number of the defendant, and service by public notice without taking such measures is not permitted as it violates Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court Decision 2011Do1094, May 13, 201). However, according to the records, the court below decided that service by public notice without taking such measures should have attempted to serve or communicate with the defendant's address and mobile phone number on which the record was recorded. However, the court below decided that service by public notice was conducted without taking such measures. This decision of the court below is in violation of Article 63(1) of the Criminal Procedure Act, Article 23 of the Act on Special

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

3. If so, the judgment of the court below is based on the above reasons for reversal.

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