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

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

Punishment of the crime

1. The Defendant in violation of the Building Act is the owner of a building (Class II neighborhood living facilities, total eight floors, and total floor area 94.48 square meters) located in Young-gu, Suwon-si, Suwon-si, which is a general industrial area. The Defendant obtained a building permit from the Young-gu Office around December 24, 2010 for the above building and obtained the approval for use for the purpose of public notice around November 25, 201.

In order to change the purpose of use and make a large-scale repair of a building for which approval for use has been obtained, the Defendant did not report it to the competent authority, but installed in each guest room (No. 39 rooms) of the said building at around November 25, 201, and changed the use into a general residential facility with an independent residential form, without reporting it to the competent authority.

2. Construction works for any building other than residence, the total floor area of which exceeds 495 square meters, shall be performed by the constructor;

Notwithstanding that the Defendant is not a constructor, on January 201, the Defendant reported the commencement of construction works to the Young-si Office of Suwon-si by using the construction business registration certificate of (ju) D that was lent from a person who was not a contractor, and he/she voluntarily employs his/her figures, and constructed a public announcement board of Young-si C (total area of 94.48 square meters) in the above Suwon-si, Suwon-si, and obtained approval for use on November 25, 201.

Accordingly, even if the Defendant is not a constructor, he constructed a building other than residential buildings with a total floor area exceeding 495 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Building ledger;

1. Current building status map;

1. Application of statutes on site photographs;

1. Article 96 Subparag. 5 of the Framework Act on the Construction Industry, Articles 41(1)3 of the same Act on the Selection of Punishment, Articles 108(1) and 19(2)2 of the former Building Act (Amended by Act No. 12701, May 28, 2014); the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Act are that the defendant has the same criminal records.