The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 7 million) is too unreasonable.

2. According to the records of this case, the court of original judgment determines that the service of the defendant on July 7, 2017, when the copy, etc. of indictment is not served on the defendant, shall be made by means of serving public notice. On August 22, 2017, the court of original judgment may recognize the fact that the defendant was investigated into evidence on September 22, 2017, when the defendant did not appear in court pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and that the court of original judgment imposed a fine of seven million won on the defendant on September 22, 2017, which became final and conclusive by the appeal period, and thereafter, the defendant filed a claim for recovery of the right to appeal against the above judgment, and the defendant was deemed to have failed to file an appeal within the statutory period

Therefore, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Special Act on the Promotion of Litigation, etc.

Recognizing this, this Court has completed a new litigation procedure, such as serving a copy of indictment on the accused, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). In this respect, the judgment of the court below became impossible to maintain as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the Judgment of the court below in other words, the summary of facts constituting a crime and evidence recognized by the court below is identical to each corresponding column of the judgment of the court below, except for the addition of “the Defendant’s oral statement at the court below” to the summary of evidence as stated in the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.