The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (two years of imprisonment, confiscation) is too large and unreasonable.

2. An attempt should be made to find a place where a defendant is able to receive delivery, such as making a service to the actual place of residence recorded in the record prior to the decision of service by public notice, or confirming by telephone, in case where the service of documents becomes impossible, ex officio prior to the determination of the grounds for appeal ex officio. The decision made by public notice without taking such measures is unlawful.

(1) In cases where a defendant is in a foreign country, service by public notice may be made only in cases where service by consular service, etc. is not possible, such as consular service, if the defendant is in a foreign country.

(Article 63(2) of the Criminal Procedure Act. However, according to the records of this case, the defendant, at the police investigation stage of this case, presented a copy of foreigner registration certificate (the 30 pages of investigation record) stating that the defendant was living in Japan as of January 30, 200 and was investigated as of the police investigation stage of this case to extend the visa, and submitted a copy of the foreigner registration certificate (the 30 pages of investigation record) stating his address. The court below confirmed that the defendant was staying in Japan in a foreign currency with the defendant's East L and confirmed that the defendant was staying in Japan. Accordingly, even though the court below investigated whether the defendant was staying in Japan on July 19, 2008 and confirmed that the defendant had left Korea on July 19, 2008, the court below did not attempt to serve the defendant on his foreigner registration certificate and ordered the defendant to serve a service by public notice on January 30, 2009 and did not appear in court

3. The judgment of the court below is made in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal.