The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

1. The summary of the grounds of appeal is as follows: (a) insofar as the Defendant did not report on the instant self-reader business as an employee of G Co., Ltd., conducting a business with the instant self-reader, and managing the instant self-reader, the Defendant cannot be exempted from punishment pursuant to joint penal provisions under the Food Sanitation Act; (b) and (c) the lower court acquitted

2. Determination

A. The summary of the facts charged does not report to the competent authority, and from March 12, 2012 to April 10, 2013, the Defendant operated food vending machine business by installing one food vending machine on the second and third floor of the “D golf practice center” and selling to customers the amount equivalent to KRW 80,000 per month, such as coffee and milk.

B. On the judgment of the court below, the court below acquitted the Defendant on the ground that the chief of G, a corporation operating the above golf practice range, managed the instant self-reader, but the subject who gains profits from the instant self-reader business, G, and thus, the Defendant did not have a duty to report under the Food Sanitation Act with respect to the above self-reader business.

C. On the other hand, according to the evidence duly adopted and examined by the court below, G, a corporation, while managing the instant self-reader, and the defendant, as the director of G, managed the instant self-reader. In applying Article 37(4) of the Food Sanitation Act to the above acknowledged facts, the obligation to report the instant self-reader business is against G, which is the subject of rights and obligations due to such business.

I would like to say.

Article 100 of the Food Sanitation Act, if a representative of a corporation, or an agent, employee or other servant of a corporation or an individual commits an offence under Article 97 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation.