The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. Ex officio determination

A. We examine ex officio prior to the prosecutor’s judgment on the grounds for appeal.

B. According to Article 63(1) of the Criminal Procedure Act, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 18 and Article 19 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply to death penalty, life imprisonment, or imprisonment with or without prison labor exceeding ten years for more than ten years in the trial of the first instance, if the whereabouts of the defendant is not confirmed by public notice after six months have passed since the receipt of the report on the impossibility of service by public notice even though the request for investigation of location, issuance of arrest warrant,

Therefore, if the defendant's office telephone number or mobile phone number appears on the record, it is necessary to have an attempt to contact the above telephone number with the location of service and to see the place of service, and to promptly serve by public notice without taking such measures is in violation of Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(see, e.g., Supreme Court Decisions 2006Do3892, Jul. 12, 2007; 201Do1094, May 13, 2011).

According to the records, the Defendant stated his own home telephone number as E at the time of undergoing an investigation by the police, and ② the Defendant appeared on the first trial date and stated his residence as “F apartment 103 at the time of Ginhae.” However, the Defendant was absent from the second trial date. The lower court sent the Defendant’s writ of summons to “Ginhae F apartment 103, Ginhae,” which is the residence of the Defendant stated on the first trial date, but on June 4, 2012.