A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant and his wife C are the actual managers of two buildings (249.7 square meters, each of which is 249.7 square meters) permitted as animal and plant-related facilities on the land of 1,683 square meters in Nam-si, Nam-si, Nam-si, which is farmland outside the development-restricted area.

E is the two lessees of the above building.

1. On May 2017, the Defendant and C, without permission, changed the form and quality of an unauthorized building and the Defendant and C, did not obtain permission from the competent administrative agency on the following occasions: (a) 2 meters extension of the height of two buildings (a total of 499.4 square meters); (b) 49.5 square meters reduction to connect the said two buildings; (c) extension of storage equivalent to 80 square meters outside; and (d) change the form and quality of land by removing concrete on 158 square meters in order to use it as an access road and parking lot.

2. While the Defendant and C, without permission, knew that the instant two buildings, which are animal and plant-related facilities, are used as a storage of construction materials or storage of construction materials without obtaining permission from the competent authorities on August 2017, 201, concluded a lease agreement with E (guarantee money KRW 30 million, monthly rent KRW 3150,000) and made E use of the said building as a warehouse.

Accordingly, the Defendant, in collusion with C and E, changed the purpose of use in the development restriction zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each police officer in relation to E and C;

1. Reports on business trips, investigations of offenses, and photographs of the status of business trips;

1. A written confirmation of a plan for land use, a land ledger, a building ledger, and a full certificate of registered matters;

1. A real estate lease agreement;

1. Application of Acts and subordinate statutes governing family relations certificates;

1. Article 32 subparagraph 1 of the Act on Special Measures concerning the Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes, Articles 32 and 12 (1) of the same Act, Article 30 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Act on the Aggravated Punishment of Concurrent Crimes shows the attitude of the Defendant’s wrongness.

However, in consideration of the following circumstances, a sentence shall be imposed on the defendant.

The defendant is in the same kind.