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(영문) 제주지방법원 2019.07.19 2019고정25
담배사업법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant manufactures and sells tobacco in the name of “B”.

A person who intends to conduct tobacco manufacturing business for occupying tobacco in violation of the Tobacco Business Act (unauthorized permission for tobacco manufacturing business) shall obtain permission from the Minister of Strategy and Finance, as prescribed by Presidential Decree, such as the personal information of the applicant, the principal

Nevertheless, between July 2017 and December 2 (6 months) of the same year, the Defendant’s operation “B” located in Jeju City, was equipped with machinery and equipment, etc. required for tobacco manufacturing, and manufactured 60 lux tobacco (33,000 won per 1 lux) indicated as the Product NameD without permission.

(b) A manufacturer and an import and sale business operator of tobacco in violation of the Tobacco Business Act shall indicate the major ingredients and their contents in the smoke of one cigarette on the packaging paper of the tobacco and in the advertisements prescribed by Presidential Decree;

Nevertheless, the defendant is a previous defendant.

The tobacco was manufactured without indicating the main ingredients and their contents contained in the smoke of one cigarette on the packing of water manufactured without permission by the method of paragraph.

(c) A person who intends to engage in the retail business of tobacco in violation of the Tobacco Business Act (directly selling to consumers) shall obtain designation as a retailer from the Mayor having jurisdiction over the location of the place of business;

Nevertheless, in July 2017 to December 12 of the same year, the Defendant sold to the customer who found out 60 lux tobacco produced without permission from “B” located in “B” in Jeju-si. 60 lux tobacco (33,000 lux 1,980,000 lux 1,980,000).

Therefore, the Defendant sold tobacco manufactured directly as above even though it is not a retailer because it was not designated as a retailer.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The provisions of Acts and subordinate statutes governing tobacco manufacturing business entities shall apply to the details of the designation of a tobacco retailer, which has been directly purchased, out of the spot photographs, external photographs, and tobacco retailers;

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