The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the facts charged is that the Defendant is the owner of the Ocheon-gu D Housing (hereinafter “instant building”).

On June 22, 2012, the Defendant installed a cooking facility for multi-family houses, such as an exhaust stack, a water tank, and a kitchen with sewage facilities, on July 2, 2012, in the instant building that was approved for use as multiple houses (three units of first floor, five units of second floor, five units of third floor, and three units of the instant building), and did not file an application for change of the entries in the building ledger with the Mayor of Incheon Metropolitan City.

B. The Defendant: (a) on July 2012, 201, the instant building where only four parking lots were installed.

The purpose of the multi-family house equipped with cooking facilities was changed for each 13 units, such as the entry in the port, thereby violating the installation standards for multi-family houses or one or more annexed parking lots per household or house room.

2. Summary of grounds for appeal;

A. In light of the legal principle, changing the purpose of multi-user houses into multi-family houses in violation of the Building Act does not have an obligation to make an application for change in the building ledger under the Building Act.

(2) The Defendant violating the Parking Lot Act does not install cooking facilities, but is a multi-user house, as it is used in the building ledger. Therefore, the parking area should be applied to multiple houses.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

3. Determination

A. (1) Article 19(3) of the Building Act provides that a person who intends to change the use of a building within the same facility group shall file an application for the change of the entries in the building ledger with the Special Metropolitan City Mayor, a Special Self-Governing Province Governor or the head of Si/Gun/Gu under the conditions as prescribed by Ordinance of the Ministry of Land, Transport

Article 14 (4) 1 of the Enforcement Decree of the Building Act shall apply to the alteration of mutual use between buildings falling under the same subparagraph of attached Table 1, as prescribed by Presidential Decree.