Defendant shall be punished by imprisonment with prison labor for a period of eight months and by a fine of forty million 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 July 19, 2016, the head of the Gwangju District Court found the Defendant guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuing a false tax invoice), and imposed a fine of KRW 430 million with respect to the above fine, Article 70(1) and Article 70(2) of the Criminal Act regarding the judgment subject to a retrial under Article 70(1) and Article 69(2) of the Criminal Act shall only state “Article 70(1) and Article 69(2) of the Criminal Act” in the items of detention in the workhouse, while the term “Article 70(2) of the Criminal Act” is not stated in the items of detention in the workhouse. However, in the part concerning the fine of the co-defendant (the suspended sentence) of the co-defendant, the phrase “Article 70(2) of the Criminal Act” is written as follows.

In full view of the contents of the supplementary provisions of the Criminal Act, which received a decision of unconstitutionality, and the timing of the decision of unconstitutionality, the period of detention was set on the premise that “Article 70(2) of the Criminal Act” is subject to this application.

Article 69(2) applied Article 69(2), and sentenced to detention in a workhouse for the period of one million won converted into one day (hereinafter “determination subject to a retrial”). (b) Gwangju High Court dismissed the Defendant’s appeal on December 8, 2016 (No. 2016No. 302), and the Supreme Court dismissed the Defendant’s appeal on February 13, 2017 (Do 2016Do 21385), and the judgment subject to a retrial became final and conclusive as it is.

(c)

Article 70 (2) of the Criminal Act (amended by Act No. 12575, May 14, 2014) which provides for the lower limit of the period of detention in a workhouse when a fine exceeding KRW 100 million is imposed on October 26, 2017 (Article 2 (1) of the Addenda of the Criminal Act (Act No. 12575, May 14, 2014) that stipulates that Article 70 (2) of the Criminal Act (amended by Act No. 12575, May 14, 201) shall apply from the first case of a public prosecution after the enforcement date of the

“The Constitutional Court Decision 2015Hun-Ba239, 2016Hun-Ba177 (Joint) Decided October 26, 2017) decided that “,” thereby, the said legal provision was retroactively invalidated in accordance with Article 47(3) of the Constitutional Court Act.

(d)

The defendant.