The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Transport of fishery products, such as Defendant’s active fish, etc., by the prosecutor’s appeal shall be deemed to carry on the business of transporting foods that are likely to be deteriorated or deteriorated as prescribed in the main sentence of Article 21 subparag. 4 of the Enforcement Decree of the Food Sanitation Act, and shall be subject to reporting on the food transport business under Article 37

Nevertheless, the court below found the defendant not guilty on the ground that the defendant's act "to transport food for sale at the place of business of the relevant business operator" in the proviso of Article 21 subparagraph 4 of the Enforcement Decree of the Food Sanitation Act is not subject to reporting of food transportation business. The court below erred by misunderstanding the facts and misunderstanding of legal principles.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant runs a fishery products distribution business, such as wholesale supply of active fish among “C” in Ulsan-gu B, Ulsan-gu.

Any person who intends to engage in food transportation business (business of sanitary transportation of foods that are vulnerable to decomposition, such as beverages that can directly drink or fish birds and products processed therefrom), shall report to the head of the competent Si/Gun/Gu, etc. after meeting certain facilities standards, such as transportation facilities, tea facilities, teas, offices, etc.

Nevertheless, the Defendant, from August 28, 2006 to June 27, 2013, carried three fish transit vehicles, etc. at the above “C” place of business from around August 28, 2006 to around June 27, 2013, and transported fish, such as luminous fish, Do block, agricultural fish, and red sea, into restaurants, and distributed them as wholesale, without meeting the facility standards, and did not report food transport business to the head of Ulsan-gu, Seoul Metropolitan Government.

B. The lower court determined that the Defendant’s act of transporting active fish at the buyer’s request constitutes “a case where the Defendant transports food for the purpose of sale at the business office of the relevant business operator” under the proviso of Article 21 subparag. 4 of the Enforcement Decree of the Food Sanitation Act.