The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. Legal principles 1) The Defendant, a resident and owner, had no choice but to perform construction works in the wind demanding the completion of the instant construction works as the client, and the Defendant was also trying not to proceed with the instant construction works. Therefore, it is sufficient to punish C for the instant violation and further punish the Defendant. Furthermore, it is unreasonable to punish the Defendant. 2) The Defendant responded to the following: (a) before three months prior to the instant construction works, the public officials in charge, such as the Ministry of Land, Transport and Maritime Affairs and the Suwon Broadcasting, etc., asked about the legality of the instant apartment space extension works; and (b) the Defendant continued the instant construction after obtaining the resident’s consent; (c) so, it is unreasonable to punish the Defendant as a violation of the Housing Act in this case due to the difference between the public officials’ judgments and the ministrys.

3) It is unreasonable to impose criminal liability on the Defendant, a representative director, regardless of the fact that the Plaintiff is a company operating company and the principal agent executing the instant construction project entrusted by C, and is not a corporate entity and the Defendant is not an individual company. Furthermore, in light of the overall sentencing factors of the instant case of unfair sentencing, the lower court’s fine of KRW 1 million is too unreasonable.

2. Judgment on the Defendant’s assertion of misapprehension of legal principles

(a) Article 98 Subparag. 6 of the Housing Act provides that a person who violates Article 42(2) of the same Act shall be punished, while Article 42(2)2 and 3 of the Housing Act provides that an occupant, user, or management entity of a multi-family housing shall newly construct, extend, rebuild, repair, or remodel a multi-family housing, or destroy or damage a multi-family housing, or remove all or part of the multi-family housing;