Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. The Defendant is a de facto owner of a three-story building with a total floor area of 351.49 square meters in Seo-gu, Gwangju, and D is a person who operates "E on the first floor of the building."

With D, from March 27, 2010 to March 16, 2012, the Defendant installed a cooling house with a floor area of 4 square meters in a building attached parking lot (35.5 square meters).

Accordingly, the defendant used the attached parking lot for the purpose other than the parking lot in collusion with D.

2. Any person who intends to alter the usage of a building in violation of the Building Act shall obtain permission from the permitting authority or file a report thereon;

From March 201 to March 16, 2012, the Defendant changed the use by using the second floor of 110.76 square meters of the floor area, which was approved as a “multi-family house” among the above buildings, as a residential business facility soldier, as a “multi-family house,” without permission or reporting.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding D or F;

1. The application of statutes to field photographs, ordinary building ledgers, and current status of buildings;

1. Relevant legal provisions and Articles 29(1)2 and 19-4(1) of the Parking Lot Act, Article 30 of the Criminal Act, Articles 108(1) and 19(2) of the former Building Act (Amended by Act No. 12701, May 28, 2014);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defendant's assertion under Article 334(1) of the Criminal Procedure Act against the provisional payment order (the point of violation of the Parking Lot Act);

1. The gist of the assertion is that “the Defendant permitted D to install air conditioners” alone was jointly established.

No attached parking lot shall be deemed to have used the attached parking lot for any purpose other than the parking lot.

2. Determination

A. In order to establish joint principal offenders under Article 30 of the Criminal Act, the intent and objective of joint processing, which is a subjective requirement.