The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. The Defendant had the intent and ability to repay money from the victim C at the time of borrowing money (misunderstanding of facts and misapprehension of legal principles). B. Even if the Defendant’s act is found guilty, the lower court’s sentencing (10 months of imprisonment) is too unreasonable and unfair (unfair sentencing). 2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant ex officio.

According to the records, the court below served a copy of the indictment and a writ of summons, etc. on the method of serving public notice pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings and served the defendant with a writ of summons, etc., and tried on November 20, 2019 after the defendant was absent, sentenced to imprisonment with prison labor for not more than ten months, and the defendant was not aware of the fact of prosecution while filing a petition for recovery of his/her right of appeal

On August 12, 2020, the court has recognized that the defendant was unable to file an appeal within the appeal period due to a cause not attributable to him/her and rendered a decision to recover his/her right of appeal.

Therefore, barring any special circumstance, the court below's judgment on the ground that the defendant was unable to attend the trial of the court below and there is no reason to request a retrial under Article 23-2 (1) of the Act on Special Cases Concerning Promotion,

As such, the appellate court should proceed with a new litigation procedure by delivering a copy, etc. of the indictment again to the defendant and render a new judgment according to the result of the trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015, etc.). Therefore, the lower court cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, on the ground that the above grounds for appeal are reversed ex officio. It is so decided as follows.

[Grounds for the new judgment] A crime history.