The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

1. Summary of the grounds for appeal (common to the Defendants)

A. In fact, the Defendants, by misapprehending the legal principles, kept the amount equivalent to 381.8 km from around March 3, 2016, in the freezing warehouse without indicating the items to be indicated (25 boxes). However, the act of keeping food in the freezing warehouse without indicating the above items to be indicated, does not constitute “sale for the purpose of sale” under Articles 97 subparag. 1 and 10(2) of the Food Sanitation Act, and the Food Sanitation Act does not contain any provision punishing “storage” of food without indicating the items to be indicated.

Nevertheless, the judgment of the court below which found the defendant guilty as to Paragraph 1 of the facts charged of this case (the violation of the Food Sanitation Act due to the display of food without indication in the judgment) is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles,

B. The sentence of the lower court (Defendant A: one year of imprisonment, two years of suspended sentence, 10 months of suspended sentence, and 2 years of suspended sentence) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, we examine the facts charged No. 2 (the violation of the Food Sanitation Act due to the sale of past food due to the circulation period in the judgment) ex officio.

1) The summary of this part of the facts charged is that Defendant A is the representative director of D Co., Ltd. for the purpose of manufacturing and selling processed fishery products in P Co., Ltd., and Defendant B is the business director of the above company.

In cases of manufacturing and selling processed fishery products, no products, the distribution deadline of which expires, shall be displayed, kept or sold for sale.

Nevertheless, around July 11, 2014, the Defendants conspired to sell (a unit price of KRW 30,000 per kilogramg) to E, etc., which is a customer, in a cooling condition (a unit price of KRW 30,000) and sold (a unit price of KRW 18,500 per kilogramg) to F Hotels for which seven days have passed since the distribution deadline was returned, and then sold (a unit price of KRW 18,500 per kilogramg).