Acquittal of the accused shall be acquitted.

1. The Defendant is a person who operates food trucks with the trade name of “C” at the parking lot on the sea- Daegu Maritime Road.

A person who intends to operate a resting restaurant business with a food truck shall report the business to the Gu office under his/her jurisdiction.

Nevertheless, from October 6, 2018 to January 30, 2019, the Defendant, without filing a business report, operated resting restaurant business without filing a business report, such as selling an average monthly amount of KRW 1700,000 to many unspecified persons, such as coffee, cryp and cryp, with cooking facilities, coffee machinery, etc., on a motor vehicle (D) which has changed the structure of the motor vehicle into a portable food vehicle at the same place other than the area permitted for food truck.

2. Determination

(a) Where a summary order has become final and conclusive with respect to a part of the crimes which are related to a single comprehensive crime, a judgment of acquittal shall be rendered for the previous crimes on the basis of the time of issuing the summary order, and that only for the subsequent crimes shall be punished for a single crime;

(See Supreme Court Decision 94Do1318 delivered on August 9, 1994, etc.). B.

According to the records of this case, the Defendant was issued a summary order of KRW 1,00,000 per day on March 15, 2019 on the violation of the Food Sanitation Act in this Court Decision 2018 High Court Decision 7097, “C” in the B parking lot located in Busan Shipping Daegu, from March 16, 2018 to September 29, 2018, and was equipped with one coffee machine, cooking instrument, etc. and operated a resting restaurant business with an average of KRW 30,000 won per day on the part of unspecified customers by selling coffees, coffees, and soils, etc.” on the ground that the above summary order was finalized on April 23, 2019.

The facts charged of this case committed before the issuance date of the above summary order against the defendant are committed repeatedly in the same same or similar manner under the single and continuous criminal intent in light of the date, place, business patterns, etc. of the crime.