The defendant shall be innocent.

1. The Defendant in the facts charged operates a food sale business of meal service facilities under the trade name "D" located in Pyeongtaek-si C, and supplies food materials to four elementary schools, i.e., the dispatching Elementary School, i.e., an elementary school, and an international university.

No food materials shall be stored, transported or used to sell foods or raw materials, the expiration of the distribution period, while being supplied with food materials to meal service facilities.

그럼에도 불구하고 2014. 1. 16. 11:30경 평택시 C에 있는 피고인이 운영하는 “D” 냉동 창고에 “블루베리 1박스(1kg), 냉동다슬기(700g×2ea), 냉동문어다리(850g), 칵테일 새우(1kg), 냉동 새우살(170g), 냉동 새우살(300g), 수제 돈까스(3.12kg), 쑥 감자떡(2kg)”등 당일 날짜 기준하여 유통기한이 지난 식품 또는 원재료를 판매목적인 정상제품과 함께 보관하였다.

2. Determination:

A. Article 97(6) of the Food Sanitation Act provides that a business operator prescribed by Presidential Decree, such as food service business operators, and his/her employees, shall observe the matters prescribed by Ordinance of the Prime Minister in order to manage sanitation of business, maintain order, and promote public health and sanitation. According to Articles 29(1)5 and 21 subparag. 5 of the Enforcement Decree of the same Act, and the attached Table 1 of Article 57 of the Enforcement Rule of the same Act, “in cases of food service facility sellers, they shall not store, transport, or use foods or raw materials thereof for the purpose of

B. We examine the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court. In other words, the Defendant engaged in wholesale and retail business of food materials with the trade name "D from part of the first floor of Pyeongtaek-si to March 7, 2014" from May 15, 2012 to March 7, 2014, and the Defendant, the husband of the first floor of the same building, reported food service business from "F" to "F" on July 9, 2012, and reported food service sales business to four elementary schools, such as Song-si elementary schools.