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 February 7, 2010, the Defendant, without being designated as a retailer, sold free tobacco of KRW 1,500 to the general public D with KRW 2,250,000, and thereafter run a tobacco retail business by selling tax-free tobacco of KRW 248,265,40 in total over 146 times from May 8, 2014, as described in the attached list of crimes, by selling it to the general public, D, etc.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Investigation report (the commencement report of an investigation of persons suspected of external leakage of duty-free tobacco for foreign military forces stationed in the Republic of Korea), investigation report (the analysis report of the quantity of tobacco sold for foreign military forces of the E Consumption Association), investigation report (the attachment of a detailed statement of judgment on the number of towing tobacco supplied for foreign military forces for special military purposes), investigation report (the attachment of a copy of the record of tobacco sales for foreign military forces in January 2014), investigation report (the preparation and report of a list of crimes)

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 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 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 and the defense counsel: ① the Defendant is 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, so there is no room to constitute a violation of Article 27-2(2)1 of the Tobacco Business Act; and even if the Defendant sold tobacco for special use outside the jurisdiction of the U.S. military in