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 decision of the court below on the summary of the grounds for appeal (five million won of fine) is too unreasonable.
2. Ex officio determination
A. 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 Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings provide that service on the defendant shall be made by means of service by public notice in cases where the location of the defendant is not verified even though the defendant took necessary measures to confirm the location of the defendant, and where the defendant's location is not verified on the records, the service on the defendant shall be made by communicating the above telephone number before making a decision
It would be in violation of the Act on Special Cases and the Enforcement Rule thereof to conclude that the location of the defendant is not confirmed without taking such measures and promptly serve the defendant by means of service by public notice and make a judgment without the defendant's statement.
In light of the records, the defendant's identity guarantee and investigation report on the defendant's cell phone number (K) shall be recognized. In such a case, the court below should have tried to confirm the defendant's father's cell phone and to regard the place of service by public notice prior to the decision of service by public notice. However, without taking such measures, the court below rendered a judgment by public notice and without making a statement by the defendant. The court below erred in the misapprehension of Article 23 of the Act on Special Cases and Articles 18 (2) and (3), and 19 (1) of the aforementioned Rules, which affected the conclusion of the judgment.
B. According to the records, the Defendant was sentenced to one year of suspension of the execution of imprisonment with labor for fraud, etc. at the Suwon District Court on August 20, 2015, and the said judgment became final and conclusive on August 28, 2015.