Defendant shall be punished by imprisonment for seven years and by a fine of 180,000,000 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 May 29, 2014, through the Changwon District Court: (a) found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the charges of receiving and receiving a bribe; (b) sentenced to seven years of imprisonment; (c) a fine of KRW 180,000,000; and (d) a surcharge of KRW 143,00,000,000; (b) sentenced the Defendant to the detention of a workhouse for the period of converting the said fine of KRW 60,000 into one day by applying Articles 70 and 69(2) of the Criminal Act with regard to the judgment subject to the judgment subject to a retrial (which is the judgment subject to a retrial by the Changwon District Court through the Changwon District Court; 94,121, 2014, 16, 2014; and hereinafter referred to as “ judgment subject to a retrial”); (c) the Defendant appealed the judgment subject to a retrial by the Busan High Court on March 1314, 2014, supra.

(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. On March 14, 2018, this Court concurrently imposed a fine as to the judgment subject to retrial, and applied Article 70(2) of the Criminal Act based on the Addenda to the said Criminal Act [this Court does not separately stipulate Article 70(2) of the Criminal Act in the “application of statutes” column of the judgment subject to retrial. However, the former is the same.