Defendant shall be punished by imprisonment for two years and by a fine not exceeding 2,50,000 won.

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 August 12, 2016, the Seoul Northern District Court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) against the Defendant, and rendered a verdict not guilty of the Defendant as to the attached crime list No. 81 of the judgment subject to a judgment subject to a retrial after Article 325 of the Criminal Litigation Act among the charges subject to a judgment subject to a judgment, but the Seoul Northern District Court found the Defendant guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) as stated in the judgment subject to a judgment subject to a single comprehensive crime. Accordingly

When sentencing two years of imprisonment, a fine of KRW 2,50,00,000, the Seoul High Court sentenced the detention in a workhouse for the period of converting the said fine of KRW 3,400,000 into one day by Article 70(1), (2), and Article 69(2) of the Criminal Act (hereinafter “the judgment subject to a retrial”) (hereinafter “the judgment subject to a retrial”). (b) On January 12, 2017, the Seoul High Court dismissed both the Defendant and the Prosecutor’s appeal on January 12, 2017, and became final and conclusive as is the judgment subject to a retrial on January 20, 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)

Defendant filed the instant petition for retrial on the ground that the foregoing Constitutional Court’s decision of unconstitutionality was rendered, and this Court on March 7, 2018.