logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.12.13 2018고정262
담배사업법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “D” in Seosan City C.

1. A person who intends to operate the business of manufacturing tobacco without permission shall obtain permission from the Minister of Finance and Economy, as prescribed by Presidential Decree;

Nevertheless, the defendant from May 1, 2018 to the same year.

8. From the date of December 29, 200, tobacco was manufactured with manufacturing equipment, such as a tobacco pipe leafr, without obtaining permission from the Minister of Finance and Economy in the above D, and sold tobacco manufactured as above to many unspecified customers (general pens) and KRW 25,000 (high class pens) and KRW 27,000 (high class pens).

2. A warning phrase clearly stating the effect that smoking is harmful to health shall be indicated on the wrapping paper of a tobacco package on which a warning sign is not marked, and on the advertisement prescribed by Presidential Decree;

Nevertheless, the Defendant manufactured the aforementioned tobacco using the packaging paper, etc. on which the warning phrase clearly expressing that smoking is harmful to health is not indicated in the packaging paper of a cigarette at the place specified in paragraph (1).

Accordingly, the Defendant manufactured tobacco without a warning phrase on the packaging of a cigarette.

3. No advertisement of tobacco shall display or attach any content of the advertisement to the outside of the retailer's business place;

Nevertheless, the Defendant posted advertisements such as “E” on the outside glass windows installed in the same “D” at the date, time, and place as indicated in paragraph (1) to show the content of the advertisement outside the place of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written accusation;

1. Purchase receipt;

1. Name cards (G);

1. Investigation report (D on-site verification);

1. Business registration certificate;

1. Application of Acts and subordinate statutes, such as field photographs, etc. (D);

1. Article 27 (1) 1, and Article 11 of the Tobacco Business Act concerning the facts constituting an offense, and Article 27 (1) 1, and Article 11 of the Selection of Tobacco Business Act (a point of an unauthorized tobacco manufacturing business);

arrow