Defendant shall be punished by a fine of KRW 1,200,00.

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

Punishment of the crime

The Defendant is a person who operates a trade name “B” store.

A person who intends to operate a tobacco manufacturing business shall obtain permission from the head of the planning and finance division, and a person who is not designated as a retailer from the competent authority shall not sell tobacco to consumers.

Nevertheless, without obtaining permission for tobacco manufacturing business and designation as a retailer, the Defendant, at the above “B” shop located in Yangju-si from December 21, 2017 to December 23, 2017, manufactured tobacco through a cigarette leafr and a tobacco manufacturing machine installed at the shop located in Yangju-si, and sold it to the unspecified number of customers at KRW 2,50 to KRW 2,80.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A written accusation, on-site photographs, receipts, and investigation reports (B on-site verification);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 27 (1) 1, Article 11 of the Tobacco Business Act (hereafter referred to as "unauthorized tobacco manufacturing business"), Article 27-2 (2) 1, Article 12 (2) of the Tobacco Business Act (hereafter referred to as "the fact of non-designated tobacco sales", including the fact of non-designated tobacco sales"), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The Defendant and the defense counsel asserted that the issue of the main text of Article 186(1) of the Criminal Procedure Act regarding the cost of lawsuit was only the sale of coloned tobacco leaves and there was no fact of manufacturing or selling tobacco manufactured as stated in the facts charged in the instant case.

However, the following circumstances, which are acknowledged by this Court as being comprehensively taken into account the evidence duly adopted and examined by this Court, i.e., D, from the investigative agency to the present court, the members of the association are deemed to have suffered damages due to the failure to perform the duties of the head of the tobacco retail association.