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(영문) 서울중앙지방법원 2013.10.24 2012노2471
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. 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 Enforcement Rule of the same Act provide that service by public notice shall be made in cases where the location of the defendant is not confirmed even though he/she took necessary measures to confirm the location of the defendant. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the domicile, office, or present location of the defendant is unknown. Thus, in cases where other addresses, contact address, etc. of the defendant appear in the record, service by public notice shall be made by detecting or contact the location of the defendant to identify the location of the address, and service by public notice shall not be permitted immediately without taking such measures.

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