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, the Defendant, without being designated as a retailer on January 6, 2010, sold 270 tobacco for special use in Pyeongtaek-si D, to F with KRW 300,00,000, and thereafter sold tobacco for special use in total of KRW 150,713,80,00 from that time until April 3, 2014, as shown in the list of crimes in the attached Table, sold tobacco for special use in total of KRW 260,00 to F, etc.

Summary of Evidence

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

1. Each legal statement of witness G and H in part;

1. Each prosecutor's protocol of examination of the accused (including I's statement part);

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 file an investigation report (E business owners A, capture of suspicions of external leakage of duty-free tobacco), investigation report (Preparation and attachment of suspect A's crime list), investigation cooperation request (request for delivery of whether tobacco retailers are designated or not) and request for cooperation in the investigation;

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 the defense counsel’s argument on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order: ① Trade with F is the incidental material cost to restaurant; transaction with H is the loan money; G is only the cost of computer and parts, and there is no sale of tobacco among them; ② A tobacco manufacturer’s purchase and sale of tobacco for special use to foreign military in Korea from the KTW site is not necessary to designate a separate retailer, and the designation of a family retailer is necessary.

Even if this is applicable.