Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of KRW 1.80 million.

The above fine shall not be paid by the defendant.

The progress of the case and the scope of the trial

1. Progress of this case

A. On April 26, 2017, the Seoul Western District Court found the Defendant guilty of the charge of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuing a false statement of tax, etc.) and sentenced the Defendant to a fine of KRW 1.81 million in imprisonment for one year and six months and a fine of KRW 1.80,000,000, which applied Articles 70(1), 70(2) and 69(2) of the Criminal Act with respect to the above fine, sentenced the Defendant to detention in the workhouse for the period of converting KRW 3.620,000 into one day (Seoul Western District Court Decision 2016Da381, Apr. 26, 2017; hereinafter referred to as “the judgment subject to a retrial”). The judgment subject to a retrial became final and conclusive as the limit for the appeal period on May 4, 2017.

B. On October 26, 2017, the Constitutional Court rendered a decision that "Article 70 (2) of the Criminal Act (amended by Act No. 12575, May 14, 2014) (Article 2 (1) of the Addenda of the Criminal Act (Act No. 12575, May 14, 2014) shall be unconstitutional." (The Constitutional Court Decision 2015HunBa239, 2016HunBa177, Oct. 26, 2017) that Article 2 (1) of the Addenda of the Criminal Act (amended by Act No. 12575, May 14, 2014) shall apply to cases where a public prosecution was instituted for the first time after the enforcement date of the same Act (amended by Act No. 12575, Oct. 26, 2017).

(c)

On April 2, 2018, the Defendant filed the instant request for retrial on the grounds that the Constitutional Court’s foregoing decision was unconstitutional, and this Court rendered a decision to commence a retrial on April 2, 2018 on the grounds that there was a ground that there was a ground for review as stipulated in Article 47(4) of the Constitutional Court Act.

2. In a case where a decision to commence a new trial was made on the grounds of the grounds provided by Article 47(4) of the Constitutional Court Act, the scope of the adjudication in the new trial procedure shall be limited to the penal laws and regulations applicable to such facts and the hearings for sentencing, on the premise of the facts recognized in the judgment subject to new trial, and shall not be reversed by further examining

The reason for the review of the Constitutional Court Act is the Act on Punishment, which is the basis of the judgment.