The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the potential scope of the charges in this case includes all business activities of the defendant, and the court below erred in the judgment of acquittal against the defendant, even though the period of the crime should be examined additionally through the amendment of indictment request

2. Determination

A. The summary of the facts charged in the instant case is a person who runs a restaurant with the trade name “D” in Eunpyeong-gu Seoul Metropolitan Government C.

Anyone who intends to operate a resting restaurant business shall be equipped with the facilities prescribed by the relevant Acts and subordinate statutes and report to the competent authority.

그럼에도 불구하고 피고인은 영업신고를 하지 아니하고 2015. 1. 20.부터 2016. 1. 7.까지 위 D 약 7㎡ 규모의 영업장에 냉장고 1개, 긴 의자 1개, 플라스틱 의자 1개, 싱크대 1대, 음식 다이 1대 조리시설 일체를 갖추어 놓고 이름을 모르는 손님들을 상대로 떡볶이, 김밥, 오뎅, 라면 등을 조리 판매하여 월 평균 200만 상당의 매출을 올리는 휴게 음식점 영업행위를 하였다.

B. (1) The lower court, on January 27, 2016, ordered a summary order of KRW 50,000 to a fine of KRW 11216 for a violation of the Food Sanitation Act at the Seoul Western District Court’s Seoul Western District Court’s summary order on February 23, 2016, which became final and conclusive on February 23, 2016. The criminal facts of the final summary order in question are as follows: “Defendant was guilty of the final and conclusive summary order from January 20, 2015 to September 21, 2015 without filing a report with the competent authority on food and drinking and selling it to unspecified customers,” and the facts charged of the instant case, which became final and conclusive, are the same as those of the instant facts charged prior to the issuance of the said summary order, and thus, acquitted the Defendant on the ground that the effect of the final summary order extends to the instant charges.

(2) To this end, the prosecutor shall institute a public prosecution against the business offender, which is a single comprehensive crime.