The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The Defendant was unable to attend the trial of the lower court due to a cause not attributable to him. Therefore, there is a ground for requesting a retrial under Article 23-2(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. According to the records, the court below sent a copy of the indictment and a writ of summons by means of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and sentenced one year to imprisonment by conducting hearings in the absence of the defendant. ② When the defendant is arrested by the execution of punishment in accordance with the judgment below which became formally final and conclusive, the defendant asserted that he was unaware of the fact that he was not aware of the fact that he requested the recovery of his right of appeal and was not served with the copy of indictment, etc., and ③ The court recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant, and rendered the decision

In full view of this, the defendant was unable to appear in the trial proceedings of the court below for reasons not attributable to him.

may be filed.

Thus, barring any other circumstance, there is a ground to request a retrial under the Special Act on the Promotion, etc. of Litigation due to the defendant's failure to attend the trial of the court below's failure

Therefore, the defendant's argument in this part of the grounds for appeal is justified (see Supreme Court Decision 2015Do8243, Nov. 26, 2015). 3. In conclusion, the defendant's appeal is reasonable, and therefore, the court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's improper argument in sentencing, and it is again decided as follows.

Punishment of the crime

[criminal records] On July 14, 201, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on July 22, 201, and the above judgment became final and conclusive on July 22, 201, and on December 3, 2012.