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 January 11, 2010, the Defendant, without being designated as a retailer, sold an amount equivalent to KRW 300,000 of the duty-free tobacco at “E” restaurant operated by the Defendant in Seoul, to the general public F, and operated a tobacco retail business by selling the duty-free tobacco of KRW 695,422,00 in total over 428 times from around that time to May 22, 2014, as described in the attached list of crimes, as shown above, to F, etc.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Investigation report (Submission of Suspect A details of transactions in Saemaul accounts), investigation report (specific amount of penalty for this case), investigation report (the commencement report of this case);

1. Requests for investigation and cooperation (verification of whether wholesale business is registered and a retailer is designated under the Tobacco Business Act), application of statutes on registration of wholesale business under the Tobacco Business Act and replys as to whether retailers are designated;

1. Article 27-2 (2) 1 of the relevant Act and Articles 27-2 (2) and 12 (2) of the Tobacco Business Act (Presiding over the general provisions and choice of fines);

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

1. The summary of the assertion is that the defendant and his defense counsel are entitled to sell tobacco for special use within the jurisdiction of the U.S. military under the Tobacco Business Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act, and there is no room to constitute a violation of Article 27-2 (2) 1 of the Tobacco Business Act. Even if the defendant sold tobacco for special use outside the jurisdiction of the U.S. military in Korea, he shall not be punished unless he sells the tobacco for special use to the "consumer", and the defendant shall not be punished.