beta
(영문) 서울북부지방법원 2018.01.11 2017고정1921

담배사업법위반

Text

Defendant shall be punished by a fine of 1.2 million won.

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

Reasons

Punishment of the crime

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

Nevertheless, from May 17, 2017 to May 26, 2017, the Defendant manufactured tobacco leaves without obtaining tobacco manufacturing permission in the Seoul Special Metropolitan City Nowon-gu’s “C” office without obtaining tobacco manufacturing permission, manufactured tobacco leaves by ingesting. On May 17, 2017, the Defendant received 25,000 won and sold tobacco manufactured by the said method to a person whose name cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Protocols of seizure;

1. Evidence photographs;

1. Application of Acts and subordinate statutes on the sales slips;

1. Article 27 (1) 1, 11, and 30 (1) of the relevant Act on the facts constituting an offense, and Article 27 (1) 1, 11 of the Tobacco Business Act, the selection of fines, and 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, Article 48 (1) of the Criminal Act;

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