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(영문) 서울중앙지방법원 2015.01.28 2014노1315
사기등
Text

The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the first instance court is too unreasonable;

2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Articles 18(2) and (3) and 19(1) of the Enforcement Rule of the same Act provide that service by public notice shall be made to the defendant if the whereabouts of the defendant is not confirmed even though the defendant was taken necessary measures to confirm the whereabouts of the defendant. According to Article 63(1) of the Criminal Procedure Act, service by public notice to the defendant may be made only when the dwelling, office, or present location of the defendant is unknown in the criminal procedure. In the event the defendant's office and personal phone number, etc. appear in the record, service by public notice shall be made by public notice immediately without taking such measures, and service by public notice and service without the defendant's statement violates Article 63(1) and 365 of the Criminal Procedure Act, and service by public notice or cell phone number of the defendant's cell phone number on the ground that the defendant did not appear in his/her office or cell phone number on the ground that he/she did not appear in the trial procedure by public notice (see Supreme Court Decision 2004Do716.

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