The judgment of the court below is reversed.

Defendant

A The fine of 2.5 million won is imposed on Defendant B and the fine of 1.5 million won is imposed on Defendant B.

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) of the facts charged in this case

1.(a)

1) Each of the containers listed in paragraphs (3), (5), (6) (hereinafter referred to as “instant container”) does not constitute “a simple warehouse using a container” under Article 3(1)4 of the Building Act, not subject to the application of the same Act.

Nonetheless, the court below found the Defendants not guilty of violating the Building Act and the National Land Planning and Utilization Act, among the facts charged against the Defendants, on the ground that the instant container falls under the “temporary warehouse using containers” and thus, it erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

(The defendant withdrawn the appeal on the first day of the appellate trial). 2. Judgment

A. The lower court determined that Defendant A installed the instant container for the purpose of using it as a temporary warehouse on the factory site of the shipbuilding yard, and this is also easy to move as a single-story container and thus the Building Act is not applicable. Thus, the evidence submitted by the prosecutor alone is insufficient to recognize that the construction of each of the first-story containers is subject to permission or reporting by the competent authority. Accordingly, the lower court acquitted Defendant A on this part of the facts charged.

B. According to Article 3(1)4 of the Building Act, the Building Act does not apply to a building falling under a simple warehouse using containers (limited to those installed on the site of a building used only for a factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act, which are easily movable).

Meanwhile, Article 2 subparagraph 1 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”) provides that “factory” shall be construed as a “factory, structure, or machinery and equipment constituting a manufacturing process of goods.”