The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the punishment imposed by the court below (one year of imprisonment) is too excessive and unfair (the defendant argued that the defendant should be excluded from the charge prior to the amendment of the bill of indictment by mistake and misapprehension of legal principles that he/she is in violation of the law on credit-based financial business regarding the portion of pre-paid cards

In that regard, as seen above 2-B., the amendment of indictment was made with the content that excludes transaction by pre-paid cards, other than credit cards, and thus the defendant's above assertion is not judged). 2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio decision.

A. 1) In the event that a defendant was found guilty of having been absent pursuant to the main sentence of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases of this case”), if the defendant was unable to attend a trial due to a cause not attributable to him/her, the defendant may, pursuant to Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases of this case”), file a petition for a retrial on the conviction.

However, in accordance with the special provisions of this case, in a case where the defendant filed a petition for recovery of his right of appeal for the reason that he could not file an appeal within the period of appeal due to a cause not attributable to the defendant or his representative without a request for reexamination pursuant to the provisions of the retrial of this case, if the grounds for appeal include circumstances in which the defendant could not be present in the trial due to a cause not attributable to him, such circumstance constitutes “when a cause for request for reexamination exists” as provided in Article 361-5 subparag. 13 of the Criminal Procedure Act.