logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.08.22 2018고단569
담배사업법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

B A is a person who operates a tobacco sales store in the trade name of "D two parallel stores" in Gyeonggi-si C, and Defendant A is an employee employed and working at the above sales store.

1. A person who intends to conduct the business of manufacturing tobacco of Defendant A 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 Defendant, without obtaining permission for tobacco manufacturing business and designation as a retailer, equipped with tobacco manufacturing equipment, such as tobacco leafs, pots, and manufacturing machines, etc., which were minted within the aforementioned “D” and sold tobacco to E who visited the above store in around February 20, 2018, in advance, at around 25:35,00 won, and manufactured and sold tobacco by allowing customers to operate a tobacco manufacturing machine, or by selling tobacco manufactured in advance.

2. Defendant B, one of his employees, manufactured tobacco without obtaining permission for tobacco manufacturing business and designation as a retailer for the Defendant’s business as described in paragraph (1) and sold it to customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and E;

1. E statements;

1. Application of Acts and subordinate statutes to the investigation report (the G of the Pyeong-gun Office and the competent officer telephone);

1. Article 27 (1) 1, Article 11 (1) (the point of an unauthorized tobacco manufacturing business), Article 27-2 (2) 1, Article 12 (2) (the point of a non-authorized tobacco retail sales) of the Tobacco Business Act, and Article 32, Article 27 (1) 1, Article 11 (1) (the point of a non-authorized tobacco manufacturing business), Article 32, Article 27 (1) 1, Article 11 (1) (the point of a non-authorized tobacco manufacturing business), Article 32, Article 27-2 (2) 1, and Article 12 (2) (the point of a non-authorized tobacco retail sales) of the Tobacco Business Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act.

arrow