The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Ex officio determination

A. According to the records, the defendant, on November 30, 2010, filed a request for recovery of the claim for formal trial against the summary order by the court of this Court No. 2010 high-level 43788, which was issued by this court on November 30, 2010, and received a notice en bloc on the first and second trial dates as of December 7, 2010, together with the decision of acceptance on December 7, 2010. The court below acknowledged the fact that the defendant did not appear on the first trial date, but did not appear on the second trial date when the writ of summons of the second trial date was not served as the absence of closure documents, and the defendant did not appear on the second trial date of the previous notice, and after the completion of the trial under Articles 458(2) and 365(2) of the Criminal Procedure Act, the court below found the fact that sentenced a fine of KRW 3 million to the defendant.

B. According to Article 365 of the Criminal Procedure Act applied mutatis mutandis under Article 458 of the same Act, if a defendant who has requested a formal trial against summary proceedings fails to appear in the court on the date of the formal trial procedure, the new date shall be set, and if the defendant fails to appear in the court on the new date without justifiable grounds, it shall be judged without the defendant's statement. This is a kind of restrictive provision which is deemed to waive the right of pleading on the merits by the defendant's neglect. Thus, if the defendant intends to assume the responsibility for the second absence on two occasions, he need not attend the court without justifiable grounds after receiving a writ of legitimate trial date twice (Supreme Court Decision 2002Do326, Apr. 12, 2002). Thus, in order to hold a trial on a substitute for the defendant who has been absent on two occasions pursuant to the above provision, the court shall notify the defendant once in accordance with the language and text of the above provision, but the defendant must also be present on the date, and the defendant shall be present on the first and second day.