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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 sells the beginning of a year with the trade name “C” from the Gangnam-gu Seoul Metropolitan Government B and the first floor.
1. A person who intends to operate a tobacco manufacturing business without permission shall obtain the permission of the Minister of Strategy and Finance as prescribed by Presidential Decree;
Nevertheless, from February 2018 to November 15:20 on November 8, 2018, the Defendant leased the above building (a size of approximately five square meters) and installed “one cigarette colon, one tobacco crushing machine, and two tobacco manufacturing machine” purchased from his name in the same place, and manufactured tobacco of the average of 30 to 40 cigarette (a size of KRW 75 to 900,000) monthly using it.
Accordingly, the Defendant manufactured tobacco without obtaining a tobacco manufacturing business license.
2. A person who intends to operate a retail business of non-designated tobacco sales shall obtain a designation of a retailer from the head of a Si/Gun/Gu having jurisdiction over the location of the place of business, and a person other than a retailer shall not sell tobacco to consumers;
Nevertheless, the Defendant sold 30 to 40 to 40 to 10,000 won monthly average of 30 to 40 to 5,000 to 10 customers who find the place at the time and place specified in the above Paragraph (1).
Accordingly, the Defendant sold tobacco without being designated as a tobacco retailer.
3. A warning phrase clearly stating that smoking is harmful to health shall be indicated on the wrapping paper of a sign of warning not indicated, and on the advertisement prescribed by Presidential Decree;
Nevertheless, the Defendant manufactured tobacco as above by using the packaging paper, etc. of a tobacco package on which the warning phrase clearly expressing that smoking is harmful to health is not clearly indicated, while manufacturing and selling a sun-dried training tobacco at the time and place specified in paragraph (1) above.
Accordingly, the defendant is on the packaging of a cigarette.