The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. The summary of the grounds for appeal 1) The act of the Defendant 1 by misapprehending the legal principles of Defendant (1) (the violation of the Food Sanitation Act) selling freezing houses, etc. as stated in the facts charged is not subject to reporting under the Food Sanitation Act.

(2) The punishment sentenced by the lower court (an amount of KRW 10 million) is too unreasonable.

2) The sentence imposed by the prosecutor by the lower court is too unhued and unreasonable.

2. 1) A person who intends to engage in the business of selling food as a summary of the facts charged in this part shall report to the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, a Special Self-Governing City, a branch office, or the head of a Si/Gun/Gu

However, around August 17, 2015, the Defendant operated food sales business by selling c1,079,50 won in total over 44 times from that time until December 9, 2016, as shown in the list of crimes attached to the lower judgment, without reporting food sales business to the head of Suwon-gu, Suwon-si, and without reporting food sales business to F, etc., without reporting food sales business.

2) The lower court determined that the Defendant guilty of this part of the facts charged on the premise that the Defendant’s act of selling freezing and receiving, etc. (hereinafter “the instant business act”) as indicated in the facts charged is that the food sales business (Article 21 subparag. 5(b) of the Enforcement Decree of the Food Sanitation Act) is a business subject to reporting under the Food Sanitation Act.

3) Among the food sales business prescribed by the Enforcement Decree of the Food Sanitation Act, the type of food sales business at issue as to whether the instant business activity falls under the category of the instant business activity is “distribution-specialized sales business” (it is apparent in the facts charged that the instant business activity does not fall under food sales business, food vending machines, group meal service food sales business, and other food sales business, which are the remaining types of food sales business), and the relevant business is examined.

Article 21 subparagraph 5 (b) of the Enforcement Decree of the Food Sanitation Act provides that "distribution-specialized sales business" shall be "food or food."