The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (hereinafter referred to as the 13.00,000 won of fine) is too unreasonable.

Although the defendant did not submit a statement of grounds for appeal within the due period for submission of the grounds for appeal, the defendant's appeal shall not be dismissed by decision on the ground that the judgment below ex officio

2. Ex officio determination

A. According to Articles 458(2) and 365(2) of the Criminal Procedure Act, where a defendant who has requested a formal trial fails to appear on the date of trial, a new date shall be set, and where the defendant fails to appear on the new date without any justifiable reason, a judgment may be rendered without the defendant's statement. This is a kind of restrictive provision which considers that the defendant's neglect to present his/her merits would have renounced his/her right to pleading. Thus, if the defendant seeks to assume the responsibility for the second absence on two occasions, he/she need not appear in the court without justifiable grounds after receiving a summons of legitimate trial date over two times (see, e.g., Supreme Court Decision 2002Do326, Apr. 12, 2002). 2), the record reveals that the writ of summons of the first trial date against the defendant was postponed on October 20, 201, and even if the defendant was absent on the ground that he/she had not been served on the date of trial on 214, 2011.

Thus, although the defendant cannot be deemed to have failed to appear in the court without justifiable grounds even after having received a writ of summons two times, the court below found the defendant guilty without the appearance of the defendant. This is against the law and affected the conclusion of the judgment.