The part against the Defendants is reversed.

Defendants are not guilty.

A. Article 110 subparag. 2 of the Building Act provides that only the owner who violated Article 16 of the same Act shall be punished pursuant to the above provision, since Defendant C is merely the contractor and thus cannot be punished. The court below found Defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s respective sentence against the Defendants (one million won by each fine) is too unreasonable.

2. Determination

(a) If the owner of the facts charged intends to modify any permitted matter, he/she shall proceed with the project after obtaining permission for modification from the competent authority before such modification is made;

Nevertheless, Defendant C, the representative of A-A-D-based corporation, conspiredd on October 1, 201 to November 3, 201, and did not obtain permission for modification while newly building HA-based HA-based private teaching institutes on one parcel outside the wife population G in Young-si. In addition, Defendant C, the representative of A-based corporation, had extended the area of 145.33 square meters in the main underground floor and 385 square meters in the separate dong-dong, without permission.

Defendant

D Co., Ltd., the representative of Defendant D Co., Ltd, at the above date, at the above time and place, caused the above violation in relation to the business of Defendant D Co., Ltd.

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence in its judgment.

C. Article 2(1)12 of the former Building Act (amended by Act No. 10892, Jul. 21, 2011; hereinafter the same) defines the construction owner as “a person who, on his/her own, orders construction works concerning the construction, substantial repair, and alteration of the purpose of use of a building, installation of building equipment, or construction of a structure, or has a field manager,” and Article 2(1)16 of the same Act defines the construction owner as “a person who, on his/her own, executes construction works under Article 2(4) of the Framework Act on the Construction Industry.”