The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (misunderstanding of the legal principle as to acquittal) was sentenced to six months of imprisonment by the Incheon District Court for aiding and abetting a person in violation of tobacco business, etc. on November 11, 2015, and the above judgment became final and conclusive on December 29, 2016 (hereinafter “related final and conclusive judgment”). In such a case, the criminal facts of aiding and abetting a person in violation of tobacco business and the charges of aiding and abetting a person in violation of tobacco business in the final and conclusive judgment related thereto are not recognized as having the nature of the criminal’s identity, and the criminal facts of aiding and abetting the person in violation of

Nevertheless, this part of the facts charged is related to the crime of final and conclusive judgment and the crime of a single comprehensive offense

The judgment of the court below is erroneous in the misapprehension of legal principles.

2. Determination

A. Although a person who intends to engage in tobacco retail business in this part of the facts charged is designated as a retailer by the head of the Si/Gun/Gu having jurisdiction over the location of the place of business, the Defendant: (a) around September 2015, sold tobacco at KRW 1,125,00 from G to KRW 1,125,00, and around that time, sold tobacco at KRW 50,00 to consumers in order to assist the retail business to sell tobacco to consumers; and (b) around that time, G was easy to commit a violation of the said G tobacco business by selling the said tobacco to consumers; and (c) around that time, from around that time until February 2016, from around 15, more than 166 pieces of tobacco as shown in [Attachment 2] Table 2, as well as from February 2, 2016, tobacco 200,35,000 tobacco retail business (1,00 pieces of tobacco).

B. The facts charged in the final and conclusive judgment related to the judgment of the court below and the facts charged in this part of the judgment prior to the rendering of the judgment of the court of appeal are tobacco to retailers who are not designated as retailers.