Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

A person who intends to operate a tobacco retail business shall be designated by the head of a Si/Gun/Gu having jurisdiction over the location of the place of business.

Nevertheless, on May 27, 2011, the Defendant, without being designated as a retailer, sold tobacco for special use equivalent to KRW 150,000 from “F” in the Defendant’s operation in Pyeongtaek-si D, to G, and run a tobacco retail business by selling tobacco for special use equivalent to KRW 102,006,30 in total over 239 times from around that time to June 20, 2014.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each prosecutor's protocol of examination of the accused;

1. Official notices (verification of whether or not to designate a retailer, etc. for a suspect);

1. A tobacco supply contract for special use;

1. Details of the subordinate workplace subject to the business unit taxation; and

1. Application of Acts and subordinate statutes to the investigation report (specific report on the sales amount of duty-free tobacco), investigation report (Attachment to H J Jin, who purchased duty-free tobacco); and

1. Articles 27-2 (2) 1 and 12 (2) of the Tobacco Business Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 31 of the Tobacco Business Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 30 (2) and (1) of the Tobacco Business Act;

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act: (a) although the Defendant sold tobacco for special use without obtaining the designation of tobacco retailers as stated in the facts constituting a crime in the judgment, as long as he purchased tobacco for special use from the KTW area Co., Ltd., which is a tobacco manufacturer, from the distribution of awards and decorations, and sold it, it is unnecessary to designate a separate tobacco retailer; and (b) even if it is necessary to designate a domestic tobacco retailer, it is not necessary to