Acquittal of the accused shall be acquitted.

1. A person who intends to engage in general restaurant business shall report to the head of the competent Gu the summary of the facts charged;

Nevertheless, on October 25, 2017, from around March 5, 2018 to around March 5, 2018, the Defendant, without reporting to the head of the competent Gu, prepared and sold food, such as approximately KRW 100,000 won per day, and prepared and sold food with the name of “C” from around October 25, 2017 to around March 5, 2018.

2. Determination

A. In a case where a summary order has become final and conclusive with respect to a part of the crime in which a single comprehensive crime was committed, a judgment of acquittal shall be rendered on the basis of the time when the summary order was issued, and subsequent crimes shall be punished for only one crime (see, e.g., Supreme Court Decision 94Do1318, Aug. 9, 1994). B) According to the records of this case, in the case of violation of the Food Sanitation Act (Act No. 21980, Aug. 10, 2017) in the Nam-gu Incheon Metropolitan City, “h from August 10, 2017 to August 31, 2017,” the Defendant provided 8, chair, 32, water purifiers, water purifiers, 1, air conditioners, gas facilities, etc. with an average of KRW 120,000,0000,000,000,000,000.

“A summary order was issued on March 5, 2018, to which the Defendant was subject to a fine of KRW 500,000,000, and the above summary order became final and conclusive on March 17, 2018.

In light of the date, place, mode of business, etc. of the crime committed against the defendant and the facts charged of this case committed by the date of the issuance of the summary order, it is reasonable to see that the same kind of crime has been committed repeatedly in the same or similar manner under the single and continuous criminal intent, and thus, it constitutes one crime. Therefore, it is reasonable to see that the facts charged of this case was already finalized.