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(영문) 울산지방법원 2018.12.06 2018고정669
담배사업법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a dump tobacco shop with the trade name “D” in Ulsan Jung-gu.

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.

Although the Defendant did not obtain permission from the Minister of Finance and Economy, from July 3, 2017 to May 14, 2018, he manufactured D tobacco 71 by putting it into a manufacturing machine, putting it into the manufacturing machine.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. Partial statement of each protocol concerning the examination of the suspect against the defendant;

1. Application of related Acts and subordinate statutes to photographs;

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

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

1. Claims and determination by the Defendant under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant's business attitude of a tobacco shop is to manufacture tobacco directly by the consumer, the defendant does not directly manufacture tobacco, and the inventory is to keep the tobacco that the consumer created and did not find.

2. According to the arguments and evidence records at the trial in the judgment, the following facts are revealed, namely, ① the fact that it takes about 1 hour and 30 minutes for manufacturing tobacco as a manufacturing machine in the Defendant’s shop (2 hours for a person who has not received 10 minutes), ② the fact that the finished tobacco of 71 as of April 20, 2018 is stored in the Defendant shop (2 hours for a person who has not received 10 minutes), ③ the Defendant sells two copies per week (20). On April 26, 2018, the Defendant stated that he was well aware of a funeral at the time of the Defendant’s questioning, and ④ E purchased one cigarette for tobacco already produced to the Defendant’s shop.

(b) it;

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