The judgment below

The guilty part is reversed, and that part of the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. In order for a person who has made a statement, such as a statement of a witness, to be admissible as evidence under Article 314 of the Criminal Procedure Act even though the statement made by the person who is not the defendant was not proven by the statement made in the courtroom, the document must be proved that the person who has made the statement was unable to appear and make a statement in the official ruling due to his/her unknown whereabouts abroad or other similar reasons, and that the preparation of the document was made under particularly reliable circumstances.

In this context, “foreign residence” is insufficient only for a person requiring a statement to be made in a foreign country. In the course of an investigation, the investigative agency conducted a statement to confirm whether he/she resides in the foreign country and the possibility of departure from the country. If it is probable that a person who has made a statement could not make a statement because he/she has been residing in the foreign country or stays in the near future for a long time after departure from the country, the contact address of the person who has made the statement in advance, and the place and contact method of his/her stay at the time of his/her temporary return to Korea if he/she is expected to temporarily return to Korea, and the person who has made the statement will be allowed to appear in the public trial and make a statement at the time of his/her temporary return to Korea, and even after his/her departure from Korea, the situation where the person who made the statement is unable to make the statement in the public trial is exceptionally applicable, such as securing the person who has made the statement to appear in the public trial and taking all other measures to make the statement at the public trial.