The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the above judgment is publicly notified.

1. The summary of the grounds for appeal did not abuse official authority, including defects in continuous violations, such as extension of illegal buildings within development restriction zones E, and the defendant requested the Korea Electric Power Corporation to take a restrictive measure of this case against the Korea Electric Power Corporation after consultation with the director G and subordinate staff H as the C and D commander in Sinti City. Such a restrictive measure is only in accordance with the electrical supply clauses of the Korea Electric Power Corporation, and does not require notification procedures under Article 3 of the Administrative Vicarious Execution Act and vicarious execution warrant. Thus, even if H is issued a warrant of this case, the defendant does not allow H to perform an act that he does not have any obligation. The vicarious execution warrant of this case was issued formally in order to facilitate the exclusive measure and it was issued through lawful approval process in accordance with his own decision, and thus, the defendant did not abuse official authority. Even if the defendant's home constitutes a case where the defendant committed an act without any obligation by abusing official authority, considering that it constitutes a justifiable act that does not violate social rules, in light of the fact that it is more public interests obtained by issuing a warrant of continuous extension of illegal buildings, etc.

2. The summary of the facts charged in the instant case is a public official of Grade VI in local administration who is in charge of monitoring and controlling illegal buildings within a development-restricted zone under its jurisdiction, as the head of Sin Interest City C and D.

E, a development-restricted area, illegally extended a building to FF to the Silung-si, a development-restricted area, and the warehouse business is being conducted using the building. On August 6, 2010, E did not remove the illegally extended building despite being imposed a enforcement fine by the Silung market, and rather expanded or reconstructed the illegally extended building.

Accordingly, the defendant is given the status with G of the director of C division around November 22, 201.