The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Where it is impossible to confirm the whereabouts of the accused even after six months have passed since a report on failure to serve on the accused was received pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning Litigation Promotion”), with respect to a case which does not fall under death penalty, death penalty, imprisonment with or without prison labor for life or for more than ten years, or imprisonment with or without prison labor for an indefinite term, a trial may be conducted without a statement of the accused, as prescribed by the

However, in a case where a defendant who is convicted pursuant to the special provisions of this case is not able to attend the trial due to a cause for which the judgment becomes final and conclusive, he/she may request the first instance court to re-examine within 14 days from the date he/she becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter referred to as "the re-examination provisions of this case"). If the defendant, etc. is unable to request re-examination for the said period due to a cause for which he/she cannot be held responsible, he/she may

With respect to the judgment of the court of first instance rendered guilty without the defendant's statement in accordance with the special provisions of this case, where the defendant claimed and quoted the recovery of appeal for the reason that the defendant or his representative could not file an appeal within the period of appeal due to a cause not attributable to him or her, if the grounds include circumstances in which the defendant could not attend the trial due to a cause not attributable to him or her, it is reasonable to deem that the grounds for appeal corresponding to "when there exists a cause for the request for retrial" under Article 361-5 (13) of the Criminal Procedure Act are asserted by the retrial provisions of this case.

Therefore, in the case above.