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(영문) 부산지방법원 서부지원 2018.11.27 2018고정548
담배사업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an unauthorized tobacco manufacturing and sales store with the trade name of “D” in Busan-gu C.

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, from January 17, 2017 to October 12, 2017, the Defendant operated a manufacturer of tobacco above and manufactured tobacco equivalent to KRW 28.75 million at the market price without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and each internal investigation report;

1. Credit card sales slips and customer cards (the defendant and his/her defense counsel, while selling consular leaves and consular leaves, have a machine installed in order to make use of consular leaves and pots purchased by customers, and customers do not have to help customers find difficulties in mechanical manipulation, and thus, they engaged in manufacturing business with such machine machine;

As such, in full view of the evidence duly adopted and examined by this court, the defendant, while selling a cigarette leaf and tobacco paper to customers, equipped with all tobacco manufacturing equipment, such as a cigarette smoking machine, etc. in the store, and prepared for the manufacture of tobacco only when a customer wraps with materials in the tobacco manufacturing equipment, and as a result, the defendant attempted the manufacture of tobacco in front of the customer so that the customer can manufacture tobacco using the tobacco manufacturing equipment. Thus, it is acknowledged that the defendant attempted the manufacture of tobacco in front of the customer so that the customer can manufacture tobacco. Thus, the defendant and the defense counsel's aforementioned assertion is without merit because he provided the finished tobacco in a state that the customer can smoke immediately by simply operating the manufacturing equipment installed in the store, and the act of assisting the customer to manufacture tobacco constitutes an act of manufacturing tobacco.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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