The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The Defendant’s act of violating the Building Act of which the statute of limitations has expired on June 11, 2008, and the prosecution of this case was instituted five years after the expiration of the statute of limitations, and thus, the Defendant’s defense counsel should be dismissed as the statute of limitations has expired. However, according to Article 326 subparag. 2 of the Criminal Procedure Act, the Defendant’s defense counsel should be dismissed as it comes under the expiration of the statute of limitations. However, according to Article 326 subparag. 2 of the Criminal Procedure Act, if the statute of limitations has expired,

B. The lower court’s sentence of unreasonable sentencing (one year of suspended sentence for four months of imprisonment) is too unreasonable.

Judgment

A. An act of altering the purpose of use of a building (the Building Act was amended by Act No. 5895, Feb. 8, 1999) subject to punishment where the statute of limitations has not been obtained or a report has not been filed, includes an act of changing the purpose of use as well as an act of using it for other purposes as well as an act of changing the purpose of use in a tangible form, and an act of using a building for other purposes without obtaining permission or filing a report. As such, an act of using it for other purposes without obtaining permission or filing a report has the nature of continuous crime, and thus, there exists a tentative illegal state as long as it continues to use it for other purposes without obtaining permission or filing a report, it shall be deemed that the statute of limitations has not

(see Supreme Court Decision 2001Do3990, Sept. 25, 2001). Accordingly, as long as the Defendant used the building for other purposes without reporting as the owner of the building of this case until October 28, 2014, the statute of limitations shall not run until the time when the said building was used for other purposes. Ultimately, the statute of limitations shall not run until October 30, 2014 in which the instant public prosecution was instituted.