Defendants shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendants are persons running the tobacco manufacturing and sales store of the trade name “E” in Sung-nam City D.

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, the Defendants conspired with each other from May 6, 2017 to the same year.

6. Until September 19, without obtaining the permission of the Minister of Finance and Economy and designation as a retailer, he/she was equipped with the tobacco manufacturing equipment such as one tobacco manufacturing machine, four tobacco leafs, and tobacco pens, etc., which are tobacco manufacturers at the above tobacco manufacturing and selling stores. When many unspecified customers who visited the said establishment purchase tobacco leaves and tobacco pens, he/she puts tobacco into the tobacco manufacturing equipment so that they can manufacture tobacco using the above material, and made them manufacture and sell tobacco by having customers enjoy tobacco, or sell tobacco manufactured by having customers enjoy it in a way that they sell it in advance, which is equivalent to 8750,000 won at the market price.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of seizure and a list of seizure;

1. Application of seized articles and on-site Acts and subordinate statutes;

1. The Defendants: Articles 27 (1) 1 and 11 (1) of the Tobacco Business Act; Article 30 of the Criminal Act (the point of an unauthorized tobacco manufacturing business); Articles 27-2 (2) 1 and 12 (2) of the Tobacco Business Act; Article 30 of the Criminal Act (the point of a non-designated tobacco sales) and the choice of punishment for each crime;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201>

1. Confiscation Defendant A: Article 48(1) of the Criminal Act and Article 30(1) of the Tobacco Business Act;