The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could recognize the fact that the use of the second floor of the Daejeon Jung-gu building C is a place of business and a warehouse, the court below found the defendant not guilty of this part of the facts charged, by misunderstanding the facts or misunderstanding the legal principles which affected the conclusion of the judgment.

The sentence of the lower court on the grounds that the sentence of an unreasonable sentencing (a fine of three million won) is too uneasible and unfair.

Judgment

Before the judgment on the grounds for appeal by the public prosecutor ex officio, the public prosecutor tried to examine the facts charged in this case at the trial, and applied for changes in the indictment as follows. Since this court permitted this, the judgment of the court below was no longer maintained in this respect.

[Revised Facts in the indictment] "The defendant is the owner of the third floor above the ground in Daejeon, the reinforced concrete of the total floor area of 247.37 square meters, the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building in the Daejeon Jung-gu and the building of the building of the building of the second floor and the warehouse (a total area of 119 square meters) in the building in the Daejeon Jung-gu, and changed the use of the building as the residence." However, the prosecutor's assertion of mistake of facts is still subject to the judgment of the court of this Court, and this is examined.

An act of changing the purpose of use, which is deemed a construction of a building under the Building Act, includes not only the act of changing the purpose of use from the purpose prescribed in the subparagraphs of each subparagraph of attached Table 1 of the Enforcement Decree of the Building Act to another purpose, but also the act of using a building changed to another purpose, and it does not necessarily require a tangible alteration.

Supreme Court Decision 2005Do4592 Decided September 29, 2005