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

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

Punishment of the crime

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, without obtaining permission for tobacco manufacturing business and designation as a retailer from March 15, 2017 to May 1, 2017, manufactured tobacco in the amount of KRW 1,320,00 at the market price, such as selling tobacco in the name of “C” operated by the Defendant in Nam-gu, Nam-gu, Nam-gu, Seoul, with tobacco manufacturing equipment, such as tobacco leaves, pots, and manufacturers, if many unspecified customers who visited the said shop purchase tobacco leaves and pots, then they manufactured and sold tobacco in a way that would cause customers to operate the tobacco manufacturing machine, and sold tobacco manufactured and sold in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Police seizure records and list of seizure;

1. Each photograph;

1. An identification card sales slip;

1. Business registration certificate and application of Acts and subordinate statutes;

1. Article 27 (1) 1, Article 11 (1) (unauthorized tobacco manufacturing) of the Tobacco Business Act concerning criminal facts, Articles 27-2 (2) 1, 12 (2) (the point of non-designated tobacco sales) of the Tobacco Business Act, and the selection of fines, 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 48 (1) 1 of the Criminal Act to be confiscated;

1. Consideration, including the fact that the sentencing of Article 334(1) of the Criminal Procedure Act is against the reason for the provisional payment order, the first offender, and the business period has not elapsed