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Defendants are innocent.
Reasons
1. Defendant A and B are the owners of buildings located in Seo-gu, Gwangju, and Defendant C is the representative of the FF Co., Ltd., the contractor of the above building.
Where a project owner or contractor intends to change any permitted matters, he/she or it shall obtain permission from the competent authority before such change is made.
Defendant
A and B, with respect to the construction of the new building of the above building [the 2nd floor and the 1st underground floor are the 2nd floor, the 1st underground floor is the 2nd class neighborhood living facilities (office stores) in the 1st class neighborhood living facilities in the 1st class above the ground (the 2nd class), the 2nd class above the ground is the 713m2 in the site area, the 30.76m2 in the building area, the 30.08m2 in the building area, the 602m2 in the total floor area, the 56.1m2m2 in the floor area, the 56.1m in the building area, the 1st class in the main building, the 4th class neighborhood living facilities in the 1st class neighborhood, the total number of parking spaces in the Seo-gu office in Gwangju Metropolitan City on December 6, 2016].
However, in order to use the lower space of solar structures on the rooftop of the above detached Housing as a house, Defendant A and B had Defendant C, the representative of the FF corporation, the contractor, without obtaining permission from the competent authorities around May 2017, the said vacant space, for the installation of the entrance door, the wall window, the wall window, the wall location construction, and the tent finishing construction in the said vacant space, and G had G construct boilers.
As a result, the Defendants conspired to modify the permitted matters without obtaining permission from the competent authorities.
2. Article 16(1) of the Building Act provides that “A project owner or contractor who intends to change any matter permitted or reported to the competent authority by the competent authority shall file a report with the competent authority, as prescribed by Presidential Decree, before such change is made.” Article 110 subparag. 2 of the former Building Act (amended by Act No. 14792, Apr. 18, 2017; hereinafter the same) provides that a project owner or contractor who violates Article 16 shall be punished. However, a violation of Article 16 is a modified permit.