A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

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.

Nevertheless, the Defendant manufactured and sold tobacco amounting to KRW 1,525,500 at the market price during the above period without obtaining permission from the head of the planning and finance division from September 15, 2017 to October 10 of the same year, and manufactured and sold tobacco to many unspecified customers with tobacco manufacturing equipment, such as dice manufacturing machine and tobacco cutting machine, in B operated by the Defendant in the Ysan-gu, Jeonju-si, Jeonju-si, without permission from the head of the planning and finance division.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Police seizure records and list of seizure;

1. Application of card sales data, a detailed statement of deposits, each receipt, each tobacco photograph, and statutes on site photographs;

1. Article 27 (1) 1 and Article 11 (1) of the Tobacco Business Act and the selection of punishment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant was able to obtain a license only when he/she satisfies certain capital or facility standards in accordance with the relevant statutes, such as tobacco business, but sells tobacco to an unspecified number of customers without obtaining such license, and that the content of the crime is not less and less unfavorable to the Defendant in light of the purpose of the tobacco business.

However, the defendant recognized the facts of the crime of this case and expressed his intention of reflect on the mistake, the first offender, and the defendant's moving from the "B" business to the "B" business to the extent that the illegality was corrected.

The fact that it appears is favorable to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.