Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

The Defendant is a person who operates the “C” tobacco sales store in Seoan-gu, Seoan-gu, Seoan-gu.

A person who intends to operate a tobacco manufacturing business shall obtain permission from the Minister of Finance and Economy.

Nevertheless, at around 14:40 on August 23, 2017, the Defendant manufactured tobacco without obtaining permission of the Minister of Finance and Economy from the above tobacco sales store, by selling to customers D tobacco for 26,00 won by making use of a cigarette manufacturing machine, a cigarette cigarette leaf, tobacco pen, etc., and without obtaining permission of the tobacco manufacturing business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Written statements of D;

1. The application of Acts and subordinate statutes to receipts and photographs, documents of planning and finance, and field photographic materials;

1. Article 27 (1) 1 and Article 11 (1) of the Tobacco Business Act concerning facts constituting an offense, and Articles 27 (1) 1 and 11 of the same Act concerning the selection of fines;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant provided only tobacco materials and machinery to the customers, and the customers directly produce tobacco and run a tobacco manufacturing business.

The case discovered is that the defendant sells tobacco that he/she intends to smoke to another person, which constitutes a violation of Article 12 (3) 1 of the Tobacco Business Act (Prohibition of Sale of tobacco manufactured by a person who has not obtained permission for tobacco manufacturing business) and cannot be deemed to operate a tobacco manufacturing business.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant engaged in the tobacco manufacturing business:

must be viewed.

Therefore, the defendant's assertion is not accepted.

A. The Defendant sold one cigarette (the amounting to KRW 26,00) manufactured by himself to D.

D There is no role in the manufacture of tobacco.

B. The Defendant sells tobacco to D.