A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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, and a person other than a retailer shall not sell tobacco to consumers.

Nevertheless, on March 19, 2019 without being designated as the above tobacco retail business, the Defendant purchased (related to the No. 34 of the crime sight table) the price of KRW 4,050,000 from the owner of the tobacco wholesaler C to purchase (hereinafter “No. 150,000 won”) 4,050,000 from the owner of the tobacco wholesaler C, and sold the above tobacco to many unspecified customers around March 23, 2019, as shown in the attached list of crimes, including the fact that the Defendant displayed the tobacco at the front street of Daegu-gu Seoul Special Metropolitan City around March 23, 2019 and was discovered while selling it to the players. From March 18, 2018 to May 4, 2019, the Defendant purchased a total of KRW 74,530,000 from the market price of the above tobacco wholesale to unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (financial principles for purchase of suspected tobacco), investigation reports (verification of whether tobacco, such as a suspect, is registered at retail), investigation reports (Attachment, etc. of suspect A tobacco purchase and text messages data for sales), investigation reports (Attachment of Criminal List (Grain Financial Accounting) after suspect investigation is conducted);

1. Article 27-2 (2) 1 of the relevant Act and Articles 27-2 (2) 1 and 12 (2) of the Tobacco Business Act (Overallly, Selection of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. The sentence of imprisonment shall be selected in light of a considerable amount of tobacco sold by the Defendant for the reason of sentencing under Article 30(1) of the Tobacco Business Act, and the sentence shall be determined as ordered, taking into account all the factors such as the size of gains earned by the Defendant and the background of the crime, the history of the crime, the age, environment, the means and consequence of the crime, and the circumstances after the crime.