(영문) 인천지방법원 2017.01.19 2016노158 | 리걸엔진

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(영문) 인천지방법원 2017.01.19 2016노158

담배사업법위반

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant, under the tobacco business Act, the Enforcement Decree of the said Act, and the Enforcement Rule, sold tobacco for special use within the jurisdiction of the U.S. military under the jurisdiction of the Republic of Korea after obtaining the right to sell tobacco for special use from the distribution of awards and decorations, thereby not constituting a violation of Article 27-2(2)1 of the Tobacco Business Act, separate from the violation of Article 28(1)3 of the Tobacco Business Act.

(2) When the defendant was investigated by the prosecutor at the time of the investigation by the prosecutor, if the prosecutor created tobacco sales data for a special purpose of KRW 370 million, the prosecutor will not collect the amount of the fine and take the amount of the fine.

Since the details of sale of red ginseng products, etc. are included in the details of sale of tobacco for special purpose and made a false confession, it is not admissible as a confession by deception or promise against the defendant.

B. In fact, the Defendant did not sell tobacco for special use equivalent to the remaining amount, except for the amount equivalent to 11,939,000 won among the daily list of crimes attached to the judgment of the court below.

2. Judgment on the misapprehension of legal principles

(a) A person who intends to run a retail business of tobacco in the summary of the facts charged shall be designated by the head of the Si/Gun/Gu having jurisdiction over the location of the place of business;

Nevertheless, on November 30, 201, the Defendant, without being designated as a retailer, sold the duty-free tobacco of KRW 6,000 to the general public of KRW 9,00,000 from that time to June 27, 2014, by selling the tobacco of KRW 371,259,000 in total to the general public of KRW 163 times as described in the attached crime list in the judgment of the lower court, without being designated as a retailer, from November 30, 201, the Defendant run tobacco retail business.

B. Article 11 (License for Tobacco Manufacturing Business) (1) of the related Acts and subordinate statutes tobacco business (hereinafter “the Act”)

유사 판례

-인천지방법원 2017.02.08 2016노509

-인천지방법원 2016.01.28 2014고정4202

-인천지방법원 2017.01.12 2015노4844

-인천지방법원 2017.01.26 2016노156

-인천지방법원 2016.02.02 2014고정4196