The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Judgment ex officio of the judgment of ex officio, if the defendant who has requested a formal trial fails to appear on the trial date two or more occasions without justifiable grounds even after being summoned lawfully, a judgment may be rendered without the statement of the defendant;

(Article 458(2) and Article 365 of the Criminal Procedure Act (Article 458(2) and Article 365 of the Criminal Procedure Act). However, according to the records of this case, the court below acknowledged the facts that the defendant was absent, and the court below ordered the service of the defendant by public notice at the second trial date, which was the first trial date service of a writ of summons to the defendant by public notice. The court below decided the third trial date in the absence of the defendant.

Therefore, it is unlawful for the court below to proceed with the trial proceedings in the absence of the defendant on the first date of trial summoned by service by public notice. Therefore, the court below's litigation proceedings violate the law and affected the judgment.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for ex officio reversal.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;