The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the lower court (three months of imprisonment) is too unfuneed and unjust.

2. According to Article 19(2) of the Rules on Special Cases concerning the Promotion, etc. of Ex officio Proceedings, even in cases where summons against the defendant is made by public notice, the court is required to have the defendant summoned by public notice for a trial without the defendant's appearance at the court (see, e.g., Supreme Court Decisions 2011Do1094, May 13, 2011; 201Mo23, Dec. 17, 1991). According to the records, the court below's decision was delivered to the defendant by public notice a writ of summons of the fifth trial date to the defendant, and it was recognized that the defendant was absent on that date, and the court's decision was concluded and rendered. Thus, the court below's proceedings are unlawful without giving the defendant an opportunity to attend the court in violation of Article 19(2) of the Rules on Special Cases concerning the Promotion, etc. of Legal Proceedings, which affected the conclusion of the judgment, and thus the judgment below becomes no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the amount of damage to each of the crimes of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is totaled 1.