The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. On August 24, 2011, the lower court in violation of the procedure did not err in violation of Article 276 of the Criminal Procedure Act, which guaranteed the Defendant’s right to attendance, since the first and second court dates were announced en bloc while citing the Defendant’s application for recovery of the Defendant’s right to request formal trial, and the Defendant was absent at all on the trial date notified en bloc, thereby proceeding without the Defendant’s appearance and sentencing a fine of two million won

B. Although the Defendant had different knowledge of the fact that Oralone written in the facts charged was stolen by D, the lower court found the Defendant guilty of the instant facts charged in violation of the rules of evidence.

2. Article 458(2) and Article 365(2) of the Criminal Procedure Act provides that when the defendant who has requested a formal trial fails to appear on the date of trial, a new date shall be fixed, and when the defendant fails to appear on the new date without justifiable grounds, a judgment may be rendered without the defendant's statement. This is a kind of restrictive provision which considers that the defendant's neglect to present the merits would result in the waiver of his/her right to present the case. Thus, if the defendant seeks to assume the responsibility for the second absence on two occasions, he/she need not appear in the court without justifiable grounds after receiving a writ of summons

(See Supreme Court Decision 2002Do326 Decided April 12, 2002, etc.). Accordingly, in order to render a substitute trial against a defendant who has been absent twice pursuant to the above provisions of the Criminal Procedure Act, the defendant has been absent once, and the court has set a new date and notified it again, but the defendant has to be absent on that date. According to the records, in this case, the court below notified the defendant of the first and second court dates en bloc, and the defendant has been absent on the first and second court date notified collectively.