Defendant shall be punished by imprisonment with prison labor of one year and three months and by a fine of nine hundred million won.

When the defendant does not pay the above fine.

Progress of Case

1. In the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) against the Defendant and the requester for reexamination (hereinafter “Defendant”), this Court sentenced the Defendant to imprisonment with prison labor on August 21, 2014, by one year and three months, and a fine of KRW 900 million. If the Defendant fails to pay the fine, he/she shall be punished by a fine of KRW 180,000,000 for the period converted into one day. On January 15, 2015, the Gwangju High Court rendered a judgment dismissing the appeal, which became final and conclusive (2014No 340), and the judgment subject to a retrial became final and conclusive as it is.

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

Article 2(1) of the Addenda (Act No. 12575, May 14, 2014) decided that Article 2(1) of the Addenda would be in violation of the Constitution against the principle of no punishment penalty penalty (see Constitutional Court Decision 2015HunBa239, 2016HunBa17, Oct. 26, 2017). Accordingly, Article 2(1) of the Addenda as mentioned above was retroactively invalidated pursuant to Article 75(6) and the main sentence of Article 47(3) of the Constitutional Court Act.

3. On March 21, 2018, on the ground that the foregoing Constitutional Court’s decision of unconstitutionality was rendered by the Defendant, the Defendant filed a motion for a retrial regarding the judgment subject to a retrial. This court on April 1, 2018, on the ground that there exists a ground for a retrial

A decision to commence a review was made.

Punishment of the crime

[criminal record] On September 16, 2011, the Defendant was sentenced to seven years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and the judgment became final and conclusive on January 27, 2012.

[Criminal facts] The Defendant is a person who actually operated the “D gas station” in Dongducheon-si from June 2007, 2008, “F Co., Ltd.” in Yangju-si from April 2008, and “H gas station” in Seocho-gu Seoul Metropolitan Government from June 2009.

The Defendant, at around June 18, 2008, forged a cushion of the U.S. military duty-free franchise in the “D gas station” and acquired the gasoline from the oil refinery.