Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who operates a tobacco holder’s leaf sales store in the name of “C” in Kimcheon-si, Kimcheon-si.

A person who intends to operate a tobacco manufacturing business shall obtain permission from the Minister of Finance and Economy, as prescribed by Presidential Decree, and no person other than a retailer shall sell tobacco to consumers.

Nevertheless, on September 19, 2017, the Defendant manufactured 200 tobacco in such a way as to put 200 tobacco in a tobacco pen using a projector (a machine which injects a minted tobacco paper into a pen), without obtaining permission for tobacco manufacturing business and designation as a retailer from the competent authorities, and sold 25,000 won to the customers who found it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report (report on the posting of photographs submitted by the accusers), investigation report (on-site verification of places of business violating the provisions of the Act), investigation report (report on the verification of whether tobacco manufacturing and retailers are fixed

1. Article 27 (1) 1, and Article 11 of the Tobacco Business Act (a point of manufacture of unauthorized tobacco), Article 27-2 (2) 1, and Article 12 (2) (a point of sale of non-retailers) of the Tobacco Business Act concerning the facts constituting an offense, and the selection of a fine, respectively;

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 48 (1) 1 of the Criminal Act to be confiscated;

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