Any person who intends to erect a temporary building, among temporary buildings for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, construction, or temporary building, which is used as a temporary office, temporary warehouse, or temporary lodging establishment, shall commence the construction after filing a report thereon with the competent authority.

Nevertheless, on April 20, 2013, the Defendant constructed a single-story container temporary building with a floor area of 27 square meters (3 meters in a street, 9 meters in length) for the purpose of using it as an office to carry on automobile export business on the land of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon as an office.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The defendant and his defense counsel asserted that the defendant had no intention to violate the Building Act. However, since around April 1, 2013, before the time of construction of the container of this case, the defendant and his defense counsel asserted that there was no intention to violate the Building Act. However, since around April 1, 2013, the head of Yeonsu-gu, the competent administrative agency, issued a corrective order and re-order to voluntarily remove the container installed in one of the above land. Nevertheless, in light of the fact that the defendant installed the above container, the above argument is rejected, since the defendant had no intention to violate the

Application of Statutes

1. Article 11 subparag. 1 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014); Articles 20(2) and 111 subparag. 1 of the same Act; the choice of fines for criminal facts

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (including the fact that there are extenuating circumstances in light of the developments leading to the construction of the temporary building in this case