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(영문) 대구지방법원 2018.05.18 2017고정1927

담배사업법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who hangs the signboard “D” in Daegu Dong-gu C, and operates a business to provide customers with a cigarette leaf, etc. so that they can smoke directly.

1. A person who intends to operate a tobacco manufacturing business without permission shall obtain permission from the Minister of Finance and Economy, as prescribed by Presidential Decree;

Defendant, without permission, from January 24, 2017 to the same year.

7. up to 12. up to 12. The tobacco was manufactured by putting coloned tobacco leaves into the pots by using machinery installed in the said establishment.

2. A person who intends to operate a retail business of tobacco non-designated tobacco sales shall be designated as a retailer by the head of the Si/Gun/Gu having jurisdiction over the location of the place of business.

The defendant from January 24, 2017 to the same year without being designated as a tobacco retailer.

7. up to December, 12, the tobacco produced by the Defendant was sold to unspecified customers in 25,00 won per 200 pieces.

Summary of Evidence

1. Legal statement of witness E;

1. A statement to the effect that tobacco was stored directly in a cooling house in the beginning of the police interrogation protocol (Evidence No. 6) against the defendant, and that tobacco retailers were not designated;

1. E statements;

1. Each photograph (the No. 1, 10 of the evidence list);

1. Business registration certificate;

1. Application of the Acts and subordinate statutes governing U.S. S. B.mera;

1. Article 27 (1) 1 and 11 of the Act applicable to the facts constituting an offense, and Articles 27 (1) 1 and 12 (2) of the Tobacco Business Act, and Articles 27-2 (2) 1 and 12 (2) of the Tobacco Business Act;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the maximum amount of fines for each crime);

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

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;