The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

From May 12, 2009, the Defendant is in office as a manager of the Seoul Central District C Stock Company, and is in charge of managing commercial buildings on behalf of 3,700 sectional owners, and the owner or manager of the building shall maintain and manage the building, site and building equipment in compliance with the relevant Building Act.

On May 201, the Defendant: (a) injected a total of KRW 2,00,00 for the construction cost of KRW 63.81 square meters on the first floor in the shopping mall; (b) transplanted a 63.81 square meters of the landscaping area of the said shopping mall into the rooftop without permission therefor; and (c) damaged the volume of 63.81 square meters of the landscaping area on the 1st floor; (d) thereby, the Defendant breached the obligation to maintain and manage the building, etc. in compliance with the relevant statutes, by damaging the volume of 1,169 square meters of the landscape area on the 1st floor; (b) thereby, the landscape area on the 1st floor is less than 1,169 square meters, which is the standard for statutory landscaping area.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the fifth trial records;

1. Photographs;

1. Application of statutes of the Seoul Special Metropolitan City Building Ordinance and investigation report area;

1. Relevant Article of the Act on Criminal Facts and Articles 110 subparagraph 7, 35 (1), and 42 (1) of the Building Act which choose the penalty for a crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day) of the Criminal Act into a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence [A crime of violating the Building Act is established against the Defendant, but it can be deemed that the Defendant has damaged 63.81 square meters out of the landscaped area on the first floor on which the

In light of the fact that the area below the statutory landscaped area due to damage to the landscaped area of the first floor is not broad, the method of damage seems to have moved the trees, etc. cut from the first floor to the rooftop landscaping facility, the defendant immediately restored to the original state upon receiving corrective instructions from the Gu office, and other factors such as the defendant's power, motive for the crime, etc.