The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

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

A. Where the whereabouts of the accused cannot be confirmed even after six months have passed since a report on the failure to serve on the accused was received pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”) with respect to a case that does not fall under death penalty, imprisonment for life or imprisonment with or without labor for more than ten years, a trial may be conducted without the statement of the accused, as prescribed by the Supreme Court Regulations.

However, in a case where a defendant who is convicted pursuant to the special provisions of this case is not able to attend the trial due to a cause for which the judgment becomes final and conclusive, he/she may request the first instance court to re-examine within 14 days from the date he/she becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter referred to as "the re-examination provisions of this case"). If the defendant, etc. is unable to request re-examination for the said period due to a cause for which he/she cannot be held responsible, he/she may

Meanwhile, as to the judgment of the court of first instance rendered guilty without a statement of the defendant in accordance with the special provisions of this case, where the defendant filed a petition for recovery of appeal on the grounds that the defendant or his/her representative could not file an appeal within the period of appeal due to a cause not attributable to him/her, and where such cause includes circumstances in which the defendant was unable to attend the trial due to a cause not attributable to him/her, such circumstance shall be deemed to constitute grounds for the request for retrial under the special provisions of this case, and Article 361-5 of the Criminal Procedure Act.