건축법위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the Defendant is not the owner of the instant building, and there is no fact that the Defendant used the building prior to the approval for use on November 15, 2016.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
Where there is no change in the punishment even after the change in the law after the crime has been committed, the method of action shall be applied in accordance with Article 1 (1) of the Criminal Act.
The lower court applied Article 110 Subparag. 2 and Article 22(3) of the current Building Act (amended by Act No. 14792, Apr. 18, 2017; Article 110 of the Building Act has been in force until now the relevant provision has been in force; hereinafter the same shall apply) with respect to the criminal facts as indicated in the judgment, which constitutes “a imprisonment with labor for not more than two years or with a fine not exceeding KRW 10 million” and Article 110 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply). However, the aforementioned provision constitutes “a fine not exceeding two years or with a fine not exceeding KRW 10,000,000” (amended by Act No. 14016, Feb. 3, 2016) and Article 110 of the former Building Act (amended by Act No. 1601, Apr. 19, 2016).
Therefore, although the judgment of the court below cannot be maintained as it is, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court.
3. Determination on the grounds for appeal
A. Article 2(1)12 of the Building Act provides that "the term "project owner" means a person who orders construction or substantial repair of a building, installation of building equipment, or construction of a structure, or who carries out such construction on his/her own with a field manager assigned."