Acquittal of the accused shall be acquitted.

1. The summary of the facts charged is that the Defendant constructed a vinyl house for residential purposes (a total floor area of 120 square meters) in the Seo-gu Incheon Special Metropolitan City Forest, Seo-gu, Incheon Special Metropolitan City, which is a development restriction zone, without obtaining permission from a police officer for early April 2009.

2. The facts charged in the instant case are crimes falling under Article 32 subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones, and statutory penalty is imprisonment for not more than one year, or a fine not exceeding ten million won, and the statute of limitations is five years under Article 249(1)5 of the Criminal Procedure Act.

However, according to the fact-finding with respect to the head of Seo-gu Incheon Metropolitan City, it is evident that the plastic greenhouse recorded in the facts charged had already existed in the satellite photographs taken around January 2007, and it is evident that the instant public prosecution was instituted on September 26, 2013, which was five years after the lapse of such period.

3. In conclusion, the facts charged in this case against the defendant constitutes a case where the statute of limitations has expired, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act.