The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (definite or misunderstanding of legal principles) is sufficiently recognized as keeping food materials for sale in light of the fact that the Defendant, together with her husband, operated “F” at the place of business where meal service facility sales business entity (hereinafter “F”) was operated, and that the food materials for which the circulation period specified in the facts charged was used at the instant place of business, are stored as other food materials.

2. Summary and determination of the facts charged in the instant case

가. 피고인에 대한 공소사실의 요지는, ‘집단급식소 식품판매업자는 유통기한이 지난 식품 또는 그 원재료를 집단급식소에 판매하기 위하여 보관, 운반 및 사용하여서는 아니됨에도, 피고인은 2014. 1. 16. 11:30경 평택시 C 피고인이 운영하는 집단급식소 판매업체인 “D” 냉동 창고에 “블루베리 1박스(1kg), 냉동다슬기(700g×2ea), 냉동문어다리(850g), 칵테일 새우(1kg), 냉동 새우살(170g), 냉동 새우살(300g), 수제 돈까스(3.12kg), 쑥 감자떡(2kg)”등 당일 날짜 기준하여 유통기한이 지난 식품 또는 원재료를 판매목적인 정상제품과 함께 보관하였다’는 것이다.

B. The lower court: (a) Article 97(6) of the Food Sanitation Act, Article 29(1)5 and Article 21 subparag. 5 of the Enforcement Decree of the same Act, and attached Table 1 of Article 57 of the Enforcement Rule of the same Act, which the public prosecutor written indictment, provide that “if the foods, etc. have been stored in order to sell them to meal service facilities, they shall be punished”; (b) according to the records, the Defendant carried out a wholesale trade of food materials in the name of “D from part of the first floor of Pyeongtaek-si to May 15, 2012 to March 7, 2014; and (c) the Defendant’s husband, “F,” reported food sales business in the name of “F” on July 9, 2012, and supplied the general gimchi, gimchi, etc. to four elementary schools, etc. within the jurisdiction of Song Elementary School, etc., and the said Defendant’s food materials “D”.