Defendants are not guilty.

1. Facts charged;

A. Defendant B is a person who actually runs a stock company A and is a multi-household construction contractor comprised of two units in the petition-gu C at the time of Cheongju.

No construction contractor shall use a building unless he/she has obtained approval for use.

Nevertheless, when the Defendant was unable to pay the construction cost to the subcontractor on September 2015, the Defendant issued a sale contract, a certificate of personal seal for real estate sale, etc. even without obtaining the approval for the use of the above D, thereby allowing the occupants of 10 households to move into the building in advance.

B. The actual operator B of Defendant A Co., Ltd. committed a violation that allows Defendant A to use the building without obtaining the approval of use as referred to in the above 1.

2. Determination

A. Article 2(1)12 of the Building Act defines the construction owner as “a person who directly executes the relevant construction work by ordering construction, substantial repair, or alteration of use of building water, installation of building equipment, or construction of a structure, or by appointing a field manager.” Article 2(1)16 of the same Act defines the construction contractor as “a person who performs construction works under Article 2 subparag. 4 of the Framework Act on the Construction Industry” and classify the construction owner and the construction contractor. Article 22(3) of the same Act defines the construction contractor as “a person who performs construction works under Article 2 subparag. 4 of the Framework Act on the Construction Industry.”

Meanwhile, Article 110 subparagraph 2 of the same Act provides that "any project owner or contractor who violates Article 16, 21 (5), 22 (3), or 25 (7) shall be punished by imprisonment for not more than two years or by a fine not exceeding KRW 100 million.

"........"

In light of the form of the above provisions and the contents of the composition requirements, Article 22 (3) of the Building Act imposes only the obligation to obtain permission on the owner of the building when intending to use the building.