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(영문) 부산지방법원 동부지원 2018.07.11 2018고정262

담배사업법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a d'D' mutually in Busan Shipping Daegu C, and operates a d'D' sales store.

A person who intends to engage in tobacco manufacturing business shall obtain permission from the Minister of Finance and Economy, as prescribed by Presidential Decree.

Nevertheless, the defendant did not obtain permission from the First Lieutenant on January 2017 to the same year without permission.

7. Until December 27, 200, an unspecified number of customers who visited the said store directly manufactured tobacco using the tobacco manufacturing machine by preparing tobacco leaves, pots, and tobacco manufacturing machine, etc. in the said “D” shop, or manufactured tobacco by making customers enjoy the cigarette manufacturing pressing.

Accordingly, the Defendant manufactured tobacco without obtaining permission for tobacco manufacturing business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to a report on seizure, list of seizure, copy of seized documents, copy of seized documents, and report on investigation;

1. Article 27 (1) 1 and Article 11 (1) of the Tobacco Business Act concerning facts constituting an offense, and Articles 27 (1) 1 and 11 of the same Act concerning the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 30 (1) of the Confiscation Tobacco Business Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;