The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. Progress of judgment;

A. The lower court acquitted the Defendant of the facts charged in the instant case.

The prosecutor appealed against the judgment of the court below on the grounds of misunderstanding of facts and misunderstanding of legal principles, and the trial prior to the return was rejected by the prosecutor and sentenced to the judgment dismissing the appeal.

On this issue, only the prosecutor appealed.

B. The Supreme Court erred by misapprehending the legal principles on the interpretation of the Food Sanitation Act and the Enforcement Decree of the Food Sanitation Act, which affected the conclusion of the judgment prior to the remand.

Accordingly, the judgment of the court below was reversed, and the case was remanded.

2. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby making a mistake of finding the Defendant not guilty.

3. Judgment on the grounds for appeal

A. The lower court found the Defendant not guilty on the ground that the Defendant’s act of transporting fishery products, such as active fish, at the request of the buyer, constitutes “the act of transporting food for sale at the pertinent business operator’s place of business” under the proviso of Article 21 subparag. 4 of the Enforcement Decree of the Food Sanitation Act and constitutes “the act of transporting food for sale at the pertinent business operator’s place of business.”

B. The issue of this case is whether the defendant's act of transporting fishery products, such as active fish, constitutes food transportation business subject to reporting, and the issue is whether fishery products such as active fish, etc. constitute food under the Food Sanitation Act.

2) In light of the following circumstances admitted by the evidence duly admitted by the lower court, fishery products, such as white, hot, spawned, spats, and bags, transported by the Defendant in the instant case constitute food under the Food Sanitation Act, which were collected from the sea and sold for food.

A) Article 2 subparag. 1 of the Food Sanitation Act is all foods (except for foods taken as medicine).