Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the owner of a building (business facilities: officetels) with one underground floor, 13 floors above ground, total floor area of 1,866.51 square meters on two lots outside Busan Jin-gu, Busan, Busan, and 2 lots.

A project owner shall not use or allow another person to use a building unless he/she has obtained approval for use from the competent authority.

Nevertheless, on January 2017, the Defendant occupied the above building 201 square meters (119.41 square meters) without obtaining approval from the competent authorities.

Accordingly, the defendant used a building without obtaining approval for use.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report by the prosecutor (attached a written approval for use);

1. The written accusation (the defendant only brought about animals and did not enter the people, and does not use a building. However, in full view of the evidence duly adopted and examined by this court according to the legislative intent of this Act, the fact that the defendant used a building can be sufficiently recognized without obtaining approval for use).

Application of Statutes

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 22 (3) of the Building Act, the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant obtained the approval of the use of the instant building from the head of the Busan District Office on March 8, 2017, taking into comprehensive account the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., to reduce the penalty more than the summary order.