The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Although the summary of the grounds of appeal falls under the food subject to marking under the Food Sanitation Act, the livestock products of this case, which are kept for sale by the defendant, included in the food subject to marking under Article 3(1)(g)1 of the Food Sanitation Act, “foods contained in containers and packages among natural conditions” under Article 3(1)(g)1 of the Food Sanitation Act. However, the lower court erred by misapprehending the legal doctrine on the Food Sanitation Act, thereby acquitted the facts charged of this case.

2. The summary of the facts charged is that the Defendant is operating a general restaurant in the name of “E” in Seojin-gu Seoul Metropolitan Government D.

No one shall sell foods, the standards for labeling of which are determined, import, display, transport such foods for sale, or use such foods for business purposes.

Nevertheless, around January 12, 2015, the Defendant kept 1 kg of a swine machine for the purpose of cooking and selling 3 kg of a swine machine for which the indication is not indicated in the said “E” freezing room, and 1.2 kg of a swine machine for the purpose of cooking and selling it.

As a result, the defendant used food with the criteria for indication for business without the indication.

3. Determination

A. The lower court’s determination 1) The former Food Sanitation Act (Amended by Act No. 13277, Mar. 27, 2015; hereinafter the same shall apply)

Article 10(1) of the Food and Drug Safety provides that "the Minister of Food and Drug Safety may determine and publicly announce the labels of foods or food additives for sale, as necessary for national health, and the standards for labels of apparatus, containers and packages, the standards and specifications of which are determined in accordance with Article 9(1) of the same Act, and Article 10(2) of the same Act provides that "food, etc., the labels of which are determined in accordance with paragraph (1), shall not be sold, imported, displayed or transported for sale, or used for business

Article 10 of the former Food Sanitation Act.