A defendant shall be punished by imprisonment for six 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

Any person who intends to construct or repair a building shall obtain permission from the competent authorities.

Nevertheless, on October 2018, the Defendant: (a) divided two households in the second floor of the building into eight households; (b) two households in the third floor of the building into eight households; and (c) one household in the fourth floor of the building into seven households; and (d) divided one household in the fourth floor of the building into seven households, and substantially repaired the total area of 734.92 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to the status survey table, on-site photographs, land cadastre, use of land, general building register, and current status of buildings;

1. Article 108 (1) and Article 11 (1) of the Building Act and Articles 108 (1) and 11 (1) of the Act on the Election of Criminal Offenders;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act - The defendant recognizes the crime.

- On November 25, 2016, the Defendant had been punished for a fine of KRW 5 million due to the same kind of crime as the instant crime, but again committed the instant crime.

In the police investigation, the Defendant made a statement to the effect that “the construction was made to increase revenues from rent,” and the Defendant committed the crime for economic benefits despite recognizing the illegality of the crime in this case.

- The building has not been restored to its original state, and there is a possibility of further recidivism.