Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding 260 million won.

The defendant does not pay the above fine.

On November 27, 2014, the Seoul Central District Court sentenced the Defendant to a penalty of five years of imprisonment and a fine of 260 million won and 260 million won as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery). In applying Articles 70(1) and (2) and 69(2) of the Criminal Act with respect to the above fine, the Seoul Central District Court sentenced the Defendant to a detention in a workhouse for the period of eight million won converted into one day (Seoul Central District Court Decision 2014Da928, Nov. 27, 2014; hereinafter “the judgment subject to a retrial”). However, the Defendant appealed on the judgment subject to a retrial as Seoul High Court Decision 2014No3914, May 29, 2015, the Supreme Court dismissed the judgment by the Defendant on May 29, 2015.

On October 26, 2017, the Constitutional Court rendered a decision that Article 70(2) of the Criminal Act provides that “in the event that a fine exceeding KRW 100 million is imposed, Article 70(2) of the Criminal Act (amended by Act No. 12575, May 14, 2014) that Article 2(1) of the Addenda of the Criminal Act (Act No. 12575, May 14, 2014) shall apply from the first public prosecution after the enforcement date of Article 70(2) of the Criminal Act (amended by Act No. 12575, Oct. 26, 2017) provides that “When a fine exceeding KRW 100 million is imposed, Article 70(2) of the Criminal Act shall be in violation of the principle of unreasonableness of the Criminal Act” (Supreme Court Decision 2015HunBa239, 2016HunBa177 (Joint)) shall retroactively lose its effect pursuant to Article 47(3) of the same Act.

On February 7, 2018, the Defendant filed the instant request for a retrial on the grounds that the Constitutional Court’s foregoing decision was unconstitutional, and this Court rendered a decision to commence a retrial on the ground that there was a reason to conduct a reexamination as stipulated in Article 47(4) of the Constitutional Court Act on the part where Article 70(2) of the Criminal Act was applied based on the Addenda to the said Criminal Act, concurrently with a fine among the original decisions subject to a retrial.

Punishment of the crime

1. The background B is Q Q (hereinafter referred to as “P”).