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

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

Punishment of the crime

1. Any person who intends to operate a tobacco manufacturing business shall obtain permission from the Minister of Finance and Economy, as prescribed by Presidential Decree;

On November 8, 2017, the Defendant manufactured a diversative tobacco as coloned tobacco leaves stored in “C” at the business place selling tobacco in the Defendant’s management located in Nam-gu Incheon Metropolitan City.

2. A person who intends to operate a tobacco retail business shall obtain designation as a retailer from the head of the Si/Gun/Gu having jurisdiction over the location of the place of business, and a person who is not a retailer shall not sell tobacco to consumers;

On November 8, 2017, at around 13:30, the Defendant sold 1 stuffed tobacco to D, which had been manufactured in an amount equivalent to KRW 25,00,00, to D, who had been customers, at around 13:30.

3. A retailer of tobacco shall exhibit or post an advertisement prescribed by the Ordinance of the Ministry of Planning and Finance within his/her place of business, and shall not exhibit or attach any advertisement outside his/her place of business with visible contents;

On May 2017, the Defendant displayed and posted an advertisement of a balloon-type signboard and Stick-type with a phrase “A 2,500 won” outside “C” and a summary of the evidence that the Defendant displayed and posted the advertisement in the shape of “A”.

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 27 (1) 1, Article 11 of the Tobacco Business Act ( points of an unauthorized tobacco manufacturing business), Article 27-2 (2) 1, Article 12 (2) of the Tobacco Business Act ( points of sale of non-designated tobacco), Articles 27-2 (1) 5, and 25 (2) of the Tobacco Business Act concerning the facts constituting an offense, 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 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 tobacco has a particular adverse effect on national health.