The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (legal scenarios) is that the Defendant was designated as a retailer from the distribution of awards and decorations to a company that received a license for sales of exempted tobacco from USFK and sold tobacco on behalf of or on behalf of a retailer, and the Defendant does not need to be separately designated as a retailer under Article 16 of the Tobacco Business Act. Even if the Defendant is required to obtain designation as a retailer, the Defendant was aware that it was not necessary to obtain designation as a retailer because he was granted a license for sales from the distribution of awards and decorations, and thus, it constitutes an error of law under Article 16 of the Criminal Act

2. Determination

(a) A person who intends to engage in retail business of tobacco in the facts charged 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 on May 27, 201, sold tobacco for special use equivalent to KRW 150,000 from “F” in the Defendant’s operation in Pyeongtaek-si D, to G, and run a tobacco retail business by selling tobacco for special use equivalent to KRW 102,06,30 in total on 239 occasions from around that time to June 20, 2014, as shown in the list of crimes in the attached Table, at the time of original adjudication.

(b) Article 11 (License for Tobacco Manufacturing Business) (1) A person who intends to operate a tobacco manufacturing business under the related Acts and subordinate statutes (hereinafter referred to as the “Act”) shall obtain the permission of the Minister of Strategy and Finance, as prescribed by

Article 12 (Sale of Tobacco) (1) Tobacco manufactured by a manufacturer shall be sold by such manufacturer, and tobacco imported from foreign countries by such import and sale business operator shall be sold to any of the following persons:

1. A wholesaler (referring to a person who has registered for a wholesale business under Article 13 (1); hereinafter the same shall apply);

2. The term "retailer" means a person designated as a retailer under Article 16 (1).

(c).