The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. According to Article 63(1) of the Criminal Procedure Act for ex officio determination, if the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning 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 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 impossibility of service to the defendant, even though the case falls under death penalty or imprisonment with or without prison labor for more

Therefore, in the event that the Defendant’s office telephone number or mobile phone number appears on the record, an attempt should be made to confirm and regard the place where service is to be made by contact with the above telephone number. The delivery by public notice without taking such measures is not permitted as 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 (see, e.g., Supreme Court Decision 2011Do1094, May 13, 201). According to the records, the lower court should have tried to confirm and regard the Defendant’s address or mobile phone number indicated in the indictment or records in making a decision by public notice. However, the lower court’s decision that the Defendant’s whereabouts did not have been confirmed without taking such measures was 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, and thus, the litigation procedure is unlawful.

Therefore, the judgment of the court below is added.