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(영문) 대구지방법원 2013.07.12 2013노1329
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. Ex officio determination

A. According to the records, the court of the court below ex officio: (a) sent a copy of the indictment against the defendant, a writ of summons of the defendant, etc. to "Seoul Northern-gu D 302" but failed to serve the defendant due to the absence of closure or the addressee's unknown; (b) on November 23, 201, the court of the court of the court below entrusted the location detection report to the defendant on the above address on December 7, 201, stating that "the resident was visiting the above address, but he could not contact the resident, and there was no person who searched the surrounding area"; (c) on December 22, 2011, the court of the court of the court below issued a detention warrant to the defendant on December 22, 201, but returned the detention warrant upon the expiration of the warrant; and (4) on October 17, 2012, the court of the court of the court below rendered a decision by service by public notice to the defendant and rendered a judgment without the defendant's attendance; and (v) on contact with the defendant's e address (Seoul).

B. Where the service of documents becomes impossible, an attempt should be made to find a place where the defendant can receive service, such as serving documents on the actual place of residence recorded in the record prior to the decision of service by public notice, or confirming telephone by telephone, etc., and it is unlawful to render a judgment without taking such measures and without making a statement by public notice.

(See Supreme Court Decision 2004Do7145 delivered on February 25, 2005, etc.). However, the court below served the above No. 2004Do7145 delivered on the e-mail address indicated in the record, or attempted to confirm the place of service by communicating with the e-mail address, and served by means of service by public notice.

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