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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Article 27-3 subparag. 1 of the former Tobacco Business Act (amended by Act No. 12269, Jan. 21, 2014; hereinafter “former Tobacco Business Act”) shall be interpreted as a provision punishing cases where Defendant A sells tobacco to final consumers without being designated as a retailer. Although Defendant A only sold tobacco in a factory or store located in Incheon F, and there is no evidence to acknowledge that Defendant A sold tobacco to consumers, the lower court recognized that Defendant A sold tobacco to consumers. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
B. Defendant D’s punishment (a fine of KRW 3 million and an additional collection of KRW 3,9750,000) is too unreasonable.
2. As to Defendant A’s assertion
A. In full view of the legislative purpose, regulatory form, system, etc. of the former Tobacco Business Act, the lower court found that “consumers” under the former Tobacco Business Act include retailers, etc. under the concept corresponding to “suppliers” and found guilty of the facts charged.
(b) Tobacco manufactured by a manufacturer under Article 12 (Sale of Tobacco) (1) of the former Tobacco Business Act, such as Acts, etc. (1) shall be sold to such manufacturer, and tobacco imported from foreign countries by such import and sale business operator (referring to a person who has made a registration for a tobacco import and sale business under Article 13 (1); hereinafter the same shall apply) to the wholesale businessman (referring to a person who has made a registration for a tobacco wholesale business under Article 13 (1); hereinafter the same shall apply) or the retailer (referring to a person who has been designated as a retailer under Article 16 (1);
(2) No person other than a retailer shall sell tobacco to consumers.
Article 16 (Designation of Retailer) (1) A person who intends to engage in tobacco retail business (referring to the business of selling directly to consumers) shall be the retailer from the head of a Si/Gun/Gu having jurisdiction over the place of business.