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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. The primary Defendant is a successor to two assembly-type buildings with an area of 135 square meters or less in Chuncheon City C, with the size of 135 square meters or more.
Around December 16, 1996, the Defendant used the two Dong size 135 square meters of the above building for a mushroom cultivation company without obtaining permission from the competent authority from May 2002 to December 19, 201, and changed the purpose of use for a detached house.
B. The Defendant in the ancillary charge is a prefabricated-type building manager with the size of 135 square meters for mushroom cultivation in Chuncheon-si.
Although the owner or manager of a building shall always manage and maintain the building in compliance with the standards stipulated in the Building Act, the Defendant did not maintain and manage two buildings with the above mushroom cultivation purposes from September 2002 to December 19, 201 by using the two buildings for the purpose of detached houses for the original permitted purposes.
2. Determination
A. According to the evidence duly adopted and examined by the court, we examine the judgment of the facts charged in the primary facts. Around May 2000, 2000, D, as the owner of the building of this case, uses 2 buildings with a size of 135 square meters for a mushroom farming house in Chuncheon City (hereinafter “the building of this case”) as a single house, and died on September 7, 2002. The defendant continued to reside with D from May 2000 and used the building of this case for the purpose of detached house even after D died, and D and the defendant did not obtain permission from the competent authority as to the alteration of the use of the building of this case.
The primary facts charged of this case are that the defendant, as a successor of D, used the building of this case without obtaining permission from the competent authority from May 2002, and this part of the facts charged.