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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Although a person who intends to construct or repair a building in violation of the Building Act obtains permission from the competent authority, the Defendant, on December 2, 2015, performed an act by extending the area of 183.53 square meters on the first floor of a building located in Gyeonggi-si, Gyeonggi-do, into a public bath room of steel reinforced concrete structure without obtaining permission from the competent authority.

2. Violation of Acts of special measures concerning the designation and management of the area subject to development restriction;

A. Although no one commits an act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, dividing land, piling-up goods, etc. in a development-restricted zone without obtaining permission from the competent authority, the Defendant newly constructed one steel-frame structure charcoal with a face value of 15.5 square meters in the Gyeonggi-si land located in the development-restricted zone on November 2015 without obtaining permission from the competent authority, and changed the form and quality of the land by performing flat construction work to use 90 square meters of the above land as a tree field, around January 7, 2016.

B. On December 15, 2015, the Defendant violated the corrective order, even after receiving the notice stating the order, that “the original restoration to the original state by January 20, 2016,” in the case of the Defendant’s new construction of the steel structure and charcoal in the steel stebling set forth in paragraph (a) from the Namnam market, the Defendant did not comply with the corrective order without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Each accusation;

1. A traffic control report and an investigation report on illegal buildings;

1. Corrective order;

1. A certificate of land use plan;

1. Each relevant drawing, general building register, summary ground plan, and land register;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 108(1) and Article 11(1) of the Building Act (a) for criminal facts of the relevant Act, and Article 31 subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (a building without permission within a city);