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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
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 1, 2010, the Defendant, without being designated as a retailer, sold the duty-free tobacco of KRW 300,000 from that time to October 10, 2014, at the Han Indones shop located in Suwon-gu, Suwon-gu, the Defendant operated a tobacco retail business by selling the duty-free tobacco of KRW 683,238,000 in total over 1434 times by selling it to the general public, as described in the attached list of crimes, as shown above, to April 10, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement concerning F and G;
1. A H statement;
1. Each report on investigation;
1. Requests for investigation and cooperation (request for delivery as to whether tobacco retailers are designated) and the application of answer statutes;
1. Article 27-2 (2) 1 and Article 12 (2) of the Tobacco Business Act that applies to the relevant criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the confession and reflective fact that the defendant is the first offender with no criminal power);
1. Article 30 (2) and (1) of the Tobacco Business Act;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;