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(영문) 수원지방법원 안양지원 2018.11.21 2018고정401
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 Mapo-si C.

A person who intends to operate a tobacco manufacturing business shall obtain permission from the Minister of Finance and Economy, and a person who intends to operate a tobacco retail business shall obtain designation as a retailer from the head of the Si/Gun/Gu.

Nevertheless, the Defendant: (a) on April 8, 2018, without obtaining permission for tobacco manufacturing business; (b) on the same day on April 8, 2018, the tobacco manufactured by putting tobacco into tobacco manufacturing machine 5,00 won using consular leaves and pots, etc.; and (c) from November 11, 2017 to April 8, 2018, the Defendant manufactured and sold tobacco in tobacco manufacturing machine using consular leaves and pots, etc. at the above shop; and (d) manufactured and sold tobacco to customers by having them directly manufacture and sell tobacco by having them enjoy the cigarette manufacturing machine pressing.

Accordingly, the Defendant manufactured tobacco without obtaining permission for tobacco manufacturing business, and sold tobacco to consumers without being designated as retailers.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Police seizure records;

1. A written accusation;

1. Application of Acts and subordinate statutes to the investigation report (with respect to the reported video);

1. Article 27 (1) 1, Article 11 (1) ( point of an unauthorized tobacco manufacturing business), Article 27-2 (2) 1, Article 12 (2) ( point of a non-designated tobacco sales) of the Tobacco Business Act concerning the facts constituting an offense, and the selection of a fine, 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 30 (1) of the Confiscation Tobacco Business Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the Defendant initially complains of economic difficulties. However, tobacco has a particularly bad influence on national health, and under the tobacco business, the tobacco industry effectively manages, supervises, and consumes the quality and supply of tobacco by preventing a large number of manufacturers from being established.

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