Acquittal of the accused shall be acquitted.

1. The summary of the facts charged is a person running a restaurant in the name of Eunpyeong-gu Seoul Metropolitan Government “D” in Eunpyeong-gu.

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.

2. Grounds for acquittal;

A. Since collective crime is a type of crime that is naturally expected to be repeated of the same kind of act in light of the nature of its constituent elements, it shall be deemed that an act constituting such a business crime and continuously repeated at the same place for a certain period constitutes one crime comprehensively unless there are special circumstances (see Supreme Court Decision 83Do939, Jun. 14, 1983; Supreme Court Decision 94Do1318, Aug. 9, 1994). (b) According to the records, where a summary order has become final and conclusive with respect to part of the crime in the relation of a single crime, based on the time when the summary order was issued, a judgment of acquittal shall be rendered against the previous crime (see Supreme Court Decision 94Do1318, Jan. 27, 2016). The defendant received a summary order of KRW 500,000 from the Seoul Western District Court to a fine not exceeding 1216, Feb. 15, 2015 to an unspecified restaurant under the Food Sanitation Act, and the summary Order became final and conclusive.