1. The judgment below is reversed.

2. Acquittal of the Defendant.

1. The summary of the grounds for appeal is too heavy (500,000 won of a fine).

2. Determination

A. The summary of the facts charged does not report to the head of the competent Gu on the business, from July 17, 2013 to October 15:30, 2013, the Defendant, with the trade name of “C” from Mapo-gu Seoul, Mapo-gu, Seoul to October 28, 2013, with approximately 9.9 square meters, equipped with a kitchen, two trustees, four chairs, etc., and prepared and sold the satisfaction of an average of KRW 50,00 per day to unspecified customers and operated general restaurants.

B. Since an ex officio judgment business entity is a single type of collective crime, which is naturally expected to repeat the same kind of act in the nature of its constituent elements, it shall be deemed that an act constituting such a business entity, which constitutes a continuous and repeated act in the same place for a certain period, constitutes a single crime comprehensively, barring special circumstances (see, e.g., Supreme Court Decision 83Do939, Jun. 14, 1983). In a case where a judgment becomes final and conclusive with respect to a part of a crime with a single comprehensive relation, the judgment of acquittal of the final and conclusive judgment shall be rendered after the res judicata effect of the final and conclusive judgment has yet to be suspended

(2) On May 11, 2006, the Defendant filed a request for formal trial against a summary order issued by the Seoul Western District Court to commit a violation of the Food Sanitation Act. On July 16, 2013, the same court was sentenced to a fine of 300,000 won in the same court. Although the first instance court appealed, the Defendant was sentenced to the dismissal of the appeal on October 31, 2013, and the final judgment of the first instance became final and conclusive on November 8, 2013. The facts constituting the above final judgment are not reported to the head of the competent Gu, and the facts constituting the crime of the final judgment are not reported to the Defendant, and from around January 18, 201 to October 23, 2012, from Mapo-gu to 21:21:30,000 square meters of the store name “C” from Mapo-gu Seoul to “C”.