The defendant shall be innocent.

The defendant is running a fishery products distribution business in Ulsan-gu, Ulsan-gu, U.S.C. with ‘C'.

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

Nevertheless, from December 10, 201 to June 2013, the Defendant did not meet the facility standards, such as transporting one water-driven transport vehicle (E) in the name of “C” in Ulsan-gu, Ulsan-gu, to lease two water-driven pipes (one/3m x 5m) from “F at the above address” and frequently transporting two fishery products, such as luminous and Do block, to the restaurant, etc. in Ulsan-si, and distributing them to wholesale and retail at any time. However, the Defendant did not report food transportation business to the head of Ulsan-gu, Seoul-gu, and did not report food transportation business to the head of the competent jurisdiction, while carrying on food transportation business, raising the annual average sales amount of 5,00 million won.

Judgment

A. The Defendant and his defense counsel’s assertion that they transported “virative fish,” and “virative fish,” unlike other food, is unlikely to be decomposed or deteriorated as they are in living condition, and thus, it does not fall under “foods” under the Food Sanitation Act, or constitutes “foods likely to be decomposed or deteriorated, such as fish, birds, etc., or similar,” which are subject to reporting food transportation business, and the Defendant merely carries the active fish distribution business to customers as members of the service vehicle, and it does not fall under the category of food transportation business

(b) The definitions of terms used in this Act under the relevant Acts and subordinate statutes shall be as follows:

1. The term "foods" means all kinds of foods and drinks (excluding foods and drinks taken as medicine);

Article 3 (Handling Foods, etc.) (1) Any person shall sell (including offering such foods, etc. to many and unspecified persons other than sale; hereinafter the same shall apply).