The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Legal principles (violation of the Food Sanitation Act due to non-reported food subdivision business) ① A corporation operated by the defendant registered the food manufacturing and processing business on June 9, 1997. On August 19, 2008, since the type of business "food subdivision and sale" and the type of business "food, etc. import and sale business" are reported as "food, etc. import and sale business", it is not necessary to separately report the food subdivision business. ② Since the crime of violating the Food Sanitation Act due to non-reported food subdivision business is a crime of omission, if the defendant is not a representative director, it does not constitute an offender subject to punishment under the joint penal provisions.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In determining the misapprehension of legal principles, (1) Article 36(2) of the Food Sanitation Act, Article 21 subparag. 1, subparag. 5(a), and subparag. 5(b) of the Enforcement Decree of the same Act provide that food manufacturing and processing business is a business manufacturing and processing food, and food import and sale business is a business importing and selling food, and food subdivision business is a business again packaging and selling food for the purpose of dividing a finished product of food or food additives. According to each of the above provisions of Articles 37, 21 of the Food Sanitation Act, Articles 21, 23, and 26-2 of the Enforcement Decree of the same Act and Articles 21, 23, and 26-2 of the same Decree, a person who intends to conduct the above business shall obtain permission from the competent administrative agency, register, or report to the competent administrative agency, as prescribed by the Presidential Decree. The Food Sanitation Act provides that food manufacturing and processing business and food subdivision business are separate types of business, and registration or report should be made by type of business.