Defendant shall be punished by a fine of KRW 13 million.

The above fine shall not be paid by the defendant.

In the facts charged, there is no fact that the defendant has changed the purpose of use illegally regarding ① “503 parts of the ground building C in the Yeongdeungpo-gu, Yeongdeungpo-gu and ② “502 parts of the ground building D in the Young-gu, Yeongdeungpo-gu.”

The punishment (fine 15 million won) imposed by the court below of unfair sentencing is too unreasonable.

We examine ex officio the defendant's grounds for appeal prior to judgment.

In the trial court, the prosecutor filed a motion to change the indictment against the defendant as follows, and the subject of the trial by this court's permission, so the judgment of the court below cannot be maintained any more.

Revised Facts

1. The Defendant is the owner of a building located in Yeongdeungpo-gu, Suwon-gu, Suwon-si, with a total floor area of five stories, and a total floor area of 542.6 square meters.

On May 24, 2011, the above building obtained a building permit from the Young-gu Office, and on November 23, 201, the approval for use was obtained for the purpose of public announcement.

In order to change the purpose of use and make a large-scale repair of a building for which approval for use has been obtained, it is not necessary to obtain permission from, or obtain a report from, the water supply market, but it is not possible to change the purpose of use into an urban living house. However, it is clear that the defendant, after approval for use as a Class 2 neighborhood living facility (public notice source), has changed the above five floors into a room at that time, and

(Evidence Records 2, 35 pages) Of the room, 13 rooms (Nos. 202, 203, 204, 301, 302, 304, 305, 401, 403, 404, 405, 401, 404, 405, and 501) were installed in the room, and the use of the above building was altered by arbitrarily changing the purpose of use to the general residential facilities.

2. The Defendant is the owner of a building D located in Yeongdeungpo-gu, Suwon-gu, Suwon-si (No. 2 neighborhood living facilities (public notice), the total of five stories, and the total floor area of 54.49 square meters).

The above building shall be from the Young-gu Office on May 24, 201.