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(영문) 창원지방법원 통영지원 2018.05.29 2018고단244
담배사업법위반
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to operate a tobacco manufacturing business without permission shall obtain permission from the Minister of Finance and Economy, and a person who intends to sell tobacco shall obtain designation as a retailer from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the head of the Ministry of Finance and Economy, failed to obtain designation as a retailer from the competent authorities, but from September 27, 2017 to January 11, 2018, the Defendant manufactured tobacco directly by using the leaves of absence of tobacco in advance held by himself/herself in the Tong-si B from September 27, 2017, or by allowing customers visiting the store to operate the tobacco manufacturing machine, and then sold 178 of tobacco to unspecified customers.

Accordingly, the Defendant operated tobacco manufacturing business without obtaining permission from the head of the planning and finance division, and sold tobacco without obtaining designation as a retailer from the competent authorities.

2. No person who has failed to indicate the warning phrase on tobacco shall manufacture or import tobacco on which the warning phrase clearly stating that smoking is harmful to health is not indicated on the packaging of a cigarette;

Nevertheless, the Defendant purchased a packing paper of a cigarette to which the content that smoking is harmful to health at the date, time, and place specified in paragraph 1, and used the tobacco manufactured by himself for packaging 185 smoke.

Accordingly, the Defendant manufactured tobacco without indicating the warning phrase clearly stating that smoking is harmful to health on the packaging of a cigarette.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to each investigation report, seizure protocol, list of seizure, copy of business registration certificate, tobacco case, copy of books of transaction;

1. Tobacco manufacturing without permission for the relevant legal provisions concerning the facts constituting the crime:

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