A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2017 Highest 5482] A person who intends to engage in a business other than manufacturing business in an industrial complex shall conclude a contract for the occupancy with the management agency.

Nevertheless, from December 13, 2016 to July 2017, the Defendant moved into Froart, which is an industrial facility zone in Namdong-gu, Incheon, Namdong-gu, Incheon, into “G” without concluding a contract for occupancy with the Korea Industrial Complex Corporation, a management agency, and carried out convenience store business rather than the subject industry.

[2017 Height 6793] Any person who intends to change the purpose of a building shall obtain permission from, or make a report to, the competent authority.

Nevertheless, from December 23, 2016 to July 2017, the Defendant, without reporting to the competent authority on about 40 square meters of the first floor of the factory affiliated building located in Nam-gu Incheon Metropolitan City, Nam-gu, and without reporting to the competent authority, changed to the convenience store, which is the use of the factory, the cafeteria and wholesale store located in the place of use of the factory.

Summary of Evidence

1. Partial statement of the defendant (2017 senior order 5482);

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police with H;

1. Partial statement made to I in the police statement protocol;

1. Submission of the accusers, such as field photographs, etc., guidance maps for the South East National Industrial Complex, and additional data to be submitted by the accusers (Comparison with other companies and NAV guidance)

1. Some statements made against the defendant during the police interrogation protocol;

1. Written Statement;

1. Application of the building ledger, all registered matters, certificates, field photographs, and statutes;

1. Relevant Article 52 (2) 5, Article 38 (3), and Article 38 (1) (which does not enter into an occupancy agreement) of the Act on Promotion of Industrial Clustering and Factory Establishment for Criminal Facts, Articles 108 (1) and 19 (2) 2 of the Building Act (the point of non-reported change of use), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Code of the Suspension of Execution