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 as a retailer by the head of a Si/Gun/Gu having jurisdiction over the location of the place of business.

Nevertheless, on January 1, 2010, the Defendant, without being designated as a retailer, sold 300 tobacco for special use (tax-free tobacco) at D's resting room located in Yongsan-gu Seoul Metropolitan Government, to general E, by receiving KRW 485,000 from around 23, 2014, and run tobacco retail business by selling all of the tax-free tobacco equivalent to KRW 470,723,80 in total over 525 times from May 23, 2014 in the manner described in the attached crime list as shown in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Investigation report (to commence an investigation of persons suspected of leakage of exempt tobacco for the national armed forces outside the Republic of Korea), a copy of investigation report (to prepare a list of current status of sales of foreign military tobacco on a monthly basis), a copy of investigation report (to attach a detailed statement of determination of the number of persons expected to demand the supply of foreign military tobacco in the United States Armed Forces in Korea), and a report on investigation (to analyze the quantity of foreign tobacco sold to foreign military

1. Investigation report (Attachment of Account Transactions related to A-free tobacco sales proceeds);

1. Request for cooperation in investigation (request for sending as to whether tobacco retailers are designated);

1. Application of Acts and subordinate statutes on transaction details of the total four accounts of a national bank;

1. Article 27-2 of the Act applicable to the facts constituting an offense and Articles 27-2 and 12 (2) (mainly, selection of fines) of the Tobacco Business Act;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel are as follows: (1) the defendant has the right to sell special purpose tobacco within the jurisdiction of the United States Armed Forces in Korea under the tobacco business Act, the Enforcement Decree of the said Act, the Enforcement Rule of the said Act, and Article 27-2.