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(영문) 대구지방법원 서부지원 2018.11.01 2018고정401
담배사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a d'D’ with the trade name of the Daegu Seo-gu Office C.

1. A person who intends to operate the tobacco manufacturing business that violates the tobacco business due to an unauthorized tobacco manufacturing business shall obtain a license from the Minister of Finance and Economy, as prescribed by Presidential Decree;

Nevertheless, on May 2018, the Defendant, without obtaining permission from the Minister of Finance and Economy at the early patroler, she manufactured 2 brusing tobacco by mincululizing colons with a fenced leafr installed in the above brucul in a manufacturing machine without obtaining permission from the Director of the Ministry of Finance and Economy.

2. A person who intends to run a retail business of tobacco in violation of tobacco business due to a non-designated sale of a retailer shall obtain designation as a retailer from the head of the Si/Gun/Gu having jurisdiction over the location of the place of business, and a person other than a retailer shall not sell any tobacco to consumers;

Nevertheless, on May 15, 2018, the Defendant sold 20,000 won of 50,000, tobacco produced without being designated as a retailer at the above store around 16:04.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation (including attached documents);

1. An investigation report (Attachment to a business registration certificate and a real estate contract);

1. Application of investigation reports ( telephone conversations with reference persons), investigation reports ( telephone conversations with suspect)-related Acts and subordinate statutes;

1. Article 27 (1) 1, Article 11 (1) (unauthorized tobacco manufacturing) of the Tobacco Business Act concerning criminal facts, Articles 27-2 (2) 1, 12 (2) (the point of non-designated tobacco sales) of the Tobacco Business Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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