The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this judgment.

1. Summary of grounds for appeal;

A. In light of the facts constituting an offense in the final judgment rendered on November 2, 2012 (Seoul District Court Decision 2012Da9347 (hereinafter “the final judgment of this case”) and the crime in violation of the Employment Security Act, inasmuch as the instant crime was committed under the same criminal intent in light of the period and place of the crime, it is reasonable to view that there was a single comprehensive crime.

Therefore, the effect of the final and conclusive judgment of this case (the res judicata) shall also affect the above crime committed before the final and conclusive judgment, and thus, the judgment of acquittal should be pronounced.

Nevertheless, the court below convicted the defendant of the above crime. The court below erred by misapprehending the legal principles as to the scope of res judicata, etc., which affected the conclusion of the judgment.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant.

According to the records of this case, the court below served a copy of the indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served the defendant with a trial in the absence of the defendant, and sentenced the defendant for six months in imprisonment with prison labor, the defendant claimed that he was unable to receive a copy of the indictment, etc. and was unaware of the fact that the judgment was pronounced, while claiming recovery of his right of appeal, and the fact that the defendant was unable to appeal within the appeal period due to

According to the above facts of recognition, it is recognized that there is no reason attributable to the defendant in the court below's failure to attend the court proceedings and there is a reason for the request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

However, despite the above reasons for ex officio reversal, the above defendant's above legal principles are erroneous.