A. On April 15, 2016, Busan District Court found the Defendant guilty of the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and sentenced the Defendant to five years of imprisonment and fine of 220 million won. As to the above fine, the Addenda of the Criminal Act (amended by the Criminal Act, May 14, 2014; hereinafter “Annex of the instant Criminal Act”).

(1) In applying Article 2(1) of this Act, Articles 70(1) and (2) and 69(2) of the Criminal Act, 50,000 won per day was determined as the conversion amount into a workhouse (hereinafter “the judgment subject to review”)

(2) However, the Constitutional Court decided that Article 2(1) of the Addenda of the Criminal Act, which provides for the minimum period of detention in a workhouse (amended by Act No. 12575, May 14, 2014) of the Criminal Act (amended by Act No. 12575, May 14, 2014), which provides for the minimum period of detention in a workhouse, violates the Constitution, was unconstitutional since the enforcement date of Article 70(2) of the Criminal Act (amended by Act No. 12575, May 14, 2014).

[Court Decision 2015Hun-Ba239, 2016Hun-Ba177, Oct. 26, 2017] Accordingly, Article 2(1) of the Addenda to the Criminal Act of this case was retroactively invalidated in accordance with Articles 75(6) and 47(3) of the Constitutional Court Act.

3) Based on the above decision of the Constitutional Court, the Defendant filed a petition for a new trial on the judgment subject to a new trial with the court of original instance. On February 27, 2020, the court of original instance rendered a decision of commencing a new trial. 4) On June 26, 2020, the court of original instance rendered a sentence that is more favorable to the Defendant by setting the conversion amount into detention in the workhouse as one million won per day, by recognizing the Defendant guilty of the charges of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the judgment subject to a new trial.