The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (exemption from punishment) is too unfasible and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance trial, the prosecutor applied for changes in the indictment of this case as stated below (amended indictments). Since this court permitted this, the judgment of the court below can no longer be maintained.

[Revised charges] On February 8, 2012, the Defendant purchased K5 motor vehicles at a point located in Kucheon-gu, Nowon-gu, Seoul, and received a credit card (credit number H) from the Hyundai Card Co., Ltd., which was issued by Hyundai Card Co., Ltd. by issuing an application for the issuance of Hyundai Card through its name and influence employees.

However, since the defendant had already accumulated the debt of 45 million won, even if he was issued a credit card from the injured party and purchased a motor vehicle, he was thought to sell the purchase price to another person and use the purchase price to repay the debt, and there was no intention or ability to pay the victim the credit card use price.

Accordingly, the Defendant: (a) by deceiving the victim as above, and using the credit card issued by the injured party, paid the purchase price of 28,519,000 won for the K5 vehicle on February 10, 2012; and (b) did not otherwise refrain from doing so; (c) thereby, the Defendant acquired financial benefits equivalent to the same amount.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence acknowledged by the court and the summary of the evidence are changed as stated above (amended facts charged) prior to the third or lower order of the criminal history of the judgment below.