Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

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

Nevertheless, the Defendant, without being designated as a retailer, sold the amount equivalent to KRW 300,000 of the duty-free tobacco to the general public F in the “E” operated by the Defendant on January 16, 2012, and run a tobacco retail business by selling the duty-free tobacco of KRW 125,00,000 in total to the said F, etc. on 199 occasions from January 7, 2010 to June 10, 2014 in the manner described in the attached crime list as shown in the attached Table.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Each legal statement of witness G, H and I;

1. Each prosecutor's protocol of examination of the accused;

1. Investigation reports (Submission of Details of transactions A related account of a suspect), investigation reports (Correction of sales of duty-free tobacco by a suspect), and investigation reports (specific to penalties for this case);

1. Application of the statutes governing registration of tobacco wholesale business and reply to whether to designate a retailer;

1. Article 27-2 (2) 1 of the relevant Act and Articles 27-2 (2) and 12 (2) of the Tobacco Business Act (Presiding over the general provisions and choice of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 30 (2) and (1) of the Tobacco Business Act;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant and the defense counsel have the right to sell tobacco for special use (only hereinafter “tax-free tobacco”) after obtaining designation as a retailer from J, Co., Ltd., a company that purchases and supplies tobacco for special use for foreign military in Korea from KTW Co., Ltd., a tobacco manufacturer, and therefore, the Defendant has the right to sell tobacco for special use, and even if there is no such right, there is a justifiable reason to believe that the Defendant has the right to sell tobacco for special use.