특정경제범죄가중처벌등에관한법률위반(수재등)등
Defendant shall be punished by imprisonment for four years and by a fine of 100,000,000 won.
When the defendant does not pay the above fine.
The progress of the case and the scope of the trial
1. Progress of this case
A. On October 21, 2016, the Gwangju District Court found the Defendant guilty of the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (such as Acceptance of Materials), the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (i.e., violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (ii) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (ii) and the Act on the Aggravated Punishment, etc. of Credit Cooperatives; and (iii) sentenced the above fine of KRW 100,000 to the above fine of KRW 4 years and KRW 100,00,000 by applying Articles 70(1), (2) and 69(2) of the Criminal Act, thereby dismissing both the Prosecutor’s appeal and the Prosecutor’s appeal against the judgment subject to a retrial on April 26, 2017.
(c)
On October 26, 2017, the Constitutional Court sentenced Article 70(2) of the Criminal Act (amended by Act No. 12575, May 14, 2014) that “in the event that a fine of at least KRW 100 million is imposed, Article 2(1) of the Addenda (Act No. 12575, May 14, 2014) of the Criminal Act, which stipulates the lower limit of the period of detention in the workhouse (amended by Act No. 12575, May 14, 2014) shall apply to the first case of a public prosecution after the enforcement date of Article 70(2) of the Criminal Act, which reads that “in the event of the imposition of a fine of at least KRW 100,00,00,00,000,000,000 to the extent that the said provision of the said Act is against the principle of indden in the Criminal Act” (Supreme Court Decision 2015Hun-Ba237
(d)
On December 22, 2017, Defendant filed the instant petition for retrial on the ground that the Constitutional Court’s above decision of unconstitutionality was rendered, and this Court imposed a fine on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (such as flood, etc.) among the judgment subject to review on December 22, 2017, and applied Article 70(2) of the Criminal Act based on the Addenda to the above Criminal Act.