The judgment of the court below is reversed.

Punishment against the Defendants shall be prescribed by each fine of KRW 3,000,000.

Defendant

A above.

1. Ex officio determination

A. According to the records of this case, the defendant did not submit the grounds for appeal within the submission period of the grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any grounds for appeal.

However, we examine ex officio as follows.

B. According to Articles 455(3) and 276 of the Criminal Procedure Act, in principle, an amendment shall not be made without the attendance of the defendant on the trial date even in the formal trial procedure for a summary order.

However, pursuant to Article 365 of the Criminal Procedure Act applied mutatis mutandis pursuant to Article 458 (2) of the same Act, where the defendant who has requested a formal trial fails to appear on the date of trial of the formal trial, the date shall be fixed again, and where the defendant fails to appear on the new date without any justifiable grounds, the trial may be ruled without

However, in light of the fact that this is a kind of sanction that the defendant is deemed to waive his right to pleading on the merits because he does not appear, and that the defendant should be summoned on the trial date even in the formal trial procedure (Articles 455(3) and 267(2) of the Criminal Procedure Act), if he intends to have the responsibility for the absence on two occasions under the above provision reverted to the defendant, he need not attend on the trial date even though he was summoned on two occasions, without justifiable grounds.

(See Supreme Court Decision 2002Do326 Decided April 12, 2002, Supreme Court Decision 2009Do1803 Decided June 11, 2009, etc.). In light of the language and purport of Articles 458(2) and 365 of the Criminal Procedure Act, in order to render a judgment by amendment without an appearance of the defendant in a formal trial procedure, the defendant is required to be absent on more than two occasions. Although the defendant did not appear after being summoned on more than two occasions, if the defendant continued to be absent.