The part (excluding the part of the compensation order) of the judgment of the court below 1, 3 and the judgment of the court below 2 shall be reversed.

According to the records of this case, the following facts can be acknowledged.

On March 27, 2015, the Daegu District Court sentenced the above charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Account Statement) against the defendant and the requester for reexamination (hereinafter referred to as "defendants") in cases where the defendant's imprisonment is issued in 2014 and 556, 2014, 666, 2015, 4, 2015, 56, 2015, 56, 70, 2015, 2015, 90, 90, etc.

In response to the above judgment, the Defendant appealed as Daegu High Court 2015No. 205, the appellate court (the appellate court) reversed the part of the lower judgment against the Defendant (excluding the part of the compensation order) among the lower judgment and the lower judgment on January 14, 2016, and the part of the lower judgment on the Defendant (excluding the part of the compensation order) in the first, third and second instances. The Defendant shall be punished by imprisonment with prison labor for four years, and fine for thirty million won; in applying Article 70(2) of the Criminal Act amended by Act No. 12575, May 14, 2014; in application of Article 70(2) of the Criminal Act amended by Act No. 12575, May 14, 2014, where the Defendant did not pay the above fine, the Defendant shall be detained in the Labor House for the period of one million won converted from the date of payment of the fine (hereinafter “the judgment subject to a retrial”).

The Defendant filed an appeal against the judgment subject to a retrial with Supreme Court Decision 2016Do1571, but on April 15, 2016, the judgment subject to a retrial became final and conclusive as it was dismissed.

After that, the Constitutional Court on October 26, 2017 applied the amended provisions of Article 70(2) of the Criminal Code to the case where a prosecution is instituted for the first time after this Act enters into force.

The decision that Article 2(1) of the Addenda (Act No. 12575, May 14, 2014) is in violation of the Constitution against the principle of penalty in penalty in violation of the principle of penalty in penalty in (see Constitutional Court Decision 2010, October 26, 2017).