The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. 항소 이유의 요지( 사실 오인 내지 법리 오해) 피고인이 찐빵, 만두 등을 판매하였을 뿐 이를 조리하여 판매한 것은 아니므로, 휴게 음식점 영업을 한 것이 아니다.

2. An ex officio determination prosecutor filed an application for changes in the indictment with the content that “from June 2, 2016 to October 17, 2016” was changed from June 2, 2016 to “from June 2, 2016 to July 21, 2017” during the crime period of the instant facts charged, which is a single comprehensive crime, as a business offender, in the judgment of the court, and the judgment of the court below became unable to be maintained since the subject of adjudication was changed by this court’s permission.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of misunderstanding of the facts or misunderstanding of the legal principles is still subject to the judgment of this court, and we will examine the following matters.

3. According to Article 25(1) Subparagraph 8 and Article 21 subparag. 8(a) of the Enforcement Decree of the Food Sanitation Act, based on delegation of Article 37(4) of the Food Sanitation Act, as to the assertion of misunderstanding of facts or misapprehension of legal principles, one-person restaurant business is not allowed to drink and sell foods mainly, such as cooking and selling tea, ice cream, etc., or cooking and selling foods, such as scream, scream, and scam-type business: Provided, That the same shall not apply to cases where foods are sold incidentally at convenience stores, Scmarket, rest shop, and other places where foods are sold (including comic book stores, and places of business where food are supplied to Internet computer game facilities under Article 2 subparag. 7 of the Game Industry Promotion Act).

Here, "business of cooking and selling food" refers to "business of cooking and selling food," and specifically, "whether an act constitutes" of food is "the kind, nature and condition of food," and "the kind and condition of food," of food.