The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

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, and Articles 18 and 19 of the Decree on Special Cases Concerning the Promotion, etc. of Legal Proceedings do not correspond to death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years in the first instance trial, if the location of the defendant is not confirmed at the expiration of six months after receipt of the report on the impossibility of service of the defendant, the service of the defendant shall be made by public notice.

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 and check the place of service and see it. It is not permitted to serve service by public notice immediately without taking such measures because it violates Article 63(1) of the Criminal Procedure Act and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

According to the records, on January 14, 201, the court below served a copy of the indictment on the application for formal trial on the part of the defendant's address to "Tacheon-si, 472, Daegu-gu, Daegu-gu, Daegu-gun (the date of preparation and submission of the application for formal trial at the time of July 23, 2010, which was the date of the submission thereof)" (the defendant was in the prison in question), but it was impossible to serve the defendant as the addressee's unknown on January 19, 201; on February 7, 2011, the prosecutor revised the defendant's address to "F of the Sung-gun, North Sung-gun, Gyeong-gun," and the court below served the defendant's writ to the above address on February 8, 2011, but was not closed on February 11, 2011.