The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant was granted the authority to sell tobacco for special use within the jurisdiction of the United States of America in Korea by obtaining a retailer designation on January 3, 2013 from the distribution of awards and decorations for a special purpose from a foreign military entity in Korea pursuant to the tobacco business Act, the Enforcement Decree of the same Act, or the Enforcement Rule, and sold tobacco for special purpose. As such, the Defendant may not be punished as a violation of the Tobacco Business Act for tobacco sales after January 3, 2013.

B. A half of the crimes committed in the judgment below is the amount of sale of red ginseng, not tobacco.

2. Determination

(a) A person who intends to run a retail business of tobacco in the summary of the facts charged shall be designated by the head of the Si/Gun/Gu having jurisdiction over the location of the place of business;

Nevertheless, without being designated as a retailer, the Defendant, at around January 5, 2013, sold tax-free tobacco equivalent to KRW 150,000 to G from “F,” located in Suwon-si, Suwon-si, to the general public, and run a tobacco retail business by selling tax-free tobacco equivalent to KRW 52,148,000 in total over 212 times from January 11, 2010 to June 27, 2014 in the attached list of crimes in the judgment of the lower court, as shown in the attached list of crimes in the judgment of the lower court.

(b) Article 11 (License for Tobacco Manufacturing Business) (1) of the related Acts and subordinate statutes tobacco business (hereinafter “Act”) (1) A person who intends to operate a tobacco manufacturing business shall obtain a license from the Minister of Finance and Economy, as prescribed by Presidential Decree.

Article 12 (Sale of Tobacco) (1) Tobacco manufactured by a manufacturer shall be sold by the manufacturer, and tobacco imported from a foreign country by such import and sale business operator to any of the following persons:

1. A wholesaler (referring to a person who has registered for the wholesale business of tobacco under Article 13 (1);

(hereinafter the same shall apply)

2. Retailers (referring to persons designated as retailers under Article 16 (1).

(2) Any person other than a retailer shall be a consumer of tobacco.