The defendant does not pay the above fine.

A. On November 6, 2015, the Busan District Court sentenced the Defendant to a suspended sentence of two years, fine of two hundred and twenty-six thousand,028,413 won (hereinafter “the judgment subject to a retrial”) on the grounds of criminal facts, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (customs duties), following the smuggling export of automobiles (hereinafter “the judgment subject to a retrial”); the above judgment was all dismissed, and became final and conclusive on August 25, 2016 (Seoul High Court Decisions 2015No706 decided April 20, 2016; 2016Do6466 decided August 25, 2016). The judgment subject to a retrial was subject to a fine of five (205Da7575 decided May 14, 2014; hereinafter the same shall apply) of the Defendant’s smuggling export of automobiles, pursuant to Article 25(1) of the Criminal Act, Article 25(7) of the Addenda of the Criminal Act (amended by Act).

(c)

The Constitutional Court shall apply the amended provisions of Article 70(2) of the Criminal Act on October 26, 2017 to cases where a public prosecution is instituted for the first time after this Act enters into force.

“The Constitutional Court rendered a decision that Article 2(1) of the Addenda to the Criminal Act is in violation of the Constitution against the principle of indivency of punishment [the Constitutional Court Decision 2015HunBa239, 2016HunBa17 (Joint), October 26, 2017].

Accordingly, Article 2 (1) of the Addenda was retroactively invalidated in accordance with Article 75 (6) and Article 47 (3) of the Constitutional Court Act.

(d)

On December 13, 2017, the Defendant filed a motion for a new trial on the judgment subject to a new trial.

On January 24, 2018, there are grounds for retrial stipulated in Article 47(4) of the Constitutional Court Act in the judgment subject to a retrial.

A decision to commence a retrial was made and the decision to commence the retrial became final and conclusive.

2. Scope of the trial;

A. In the final and conclusive judgment that found several concurrent crimes guilty, where it is deemed that there exist grounds for request for retrial only for a part of the facts constituting an indivisible crime in which one sentence was rendered, that one sentence is against the judgment for which one sentence is rendered.