Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant operated a 'C' tobacco shop in the old and American City B.
A person who intends to operate a tobacco manufacturing business 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 manufactured 2 A tobacco in around August 24, 2017 without obtaining permission from the competent authorities for tobacco manufacturing business and designation as a retailer, and around 14:00 on the same day, 2 A of tobacco manufactured in advance to D who was found as a customer at D around 14:00.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to E and D;
1. A list of seizure records (voluntary submission), and a list of seizure;
1. Application of Acts and subordinate statutes to an investigation report (the process of voluntary submission of tobacco in kind), investigation report (attached to a submission of name cards), investigation report (attached to video images as at the time of purchase of veterinary tobacco), investigation report (Attachment to a business registration certificate and additional statement of a suspect);
1. Article 27 (1) 1, and Article 11 of the Tobacco Business Act (a point of manufacture of unauthorized tobacco), Article 27-2 (2) 1, and Article 12 (2) (a point of sale of non-retailers) 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;