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(영문) 인천지방법원 2015.12.11 2014고정4190
담배사업법위반
Text

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

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

Reasons

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 on March 24, 2010, sold the duty-free tobacco of KRW 370,000 to F, and thereafter sold the duty-free tobacco of KRW 560,00,000 to F from March 5, 2014, as shown in the list of crimes, from around 189 to March 5, 2014.

Summary of Evidence

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

1. Each legal statement of witness F, G, and H in part;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Statement to the prosecution of I;

1. A tobacco supply contract for special use;

1. A detailed statement of the place of business covered by unit customs duties;

1. Application of Acts and subordinate statutes to investigation reports (E business operators' capture of suspicions of external leakage of duty-free tobacco), investigation reports (Preparation and attachment of suspect A's crime list), investigation reports (request to send whether tobacco retailers are designated or not);

1. Articles 27-2 (2) 1 and 12 (2) of the Tobacco Business Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 31 of the Tobacco Business Act;

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. The Defendant and the defense counsel in the summary of the argument regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order. ① The remainder of the transaction with F except the No. 13 in the annexed list of crimes is claims and obligations. The transaction with G, H, and J is merely claims and obligations, and there is no sale of tobacco among them. ② A tobacco manufacturer is supplied and sold by K, a company that purchases and supplies foreign military special purpose tobacco from the land of K&P, a tobacco manufacturer.

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