The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not change the first floor of the instant building to the exhibition room, the fourth, and the fifth floor to the office, and used it as a space for retail stores, which are neighboring living facilities.

The lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (2.5 million won) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The Defendant is a co-owner of a building in Jung-gu Seoul Metropolitan Government F.

(1) On November 2015, the Defendant changed the use of one story of the above building to a exhibition room, which is a cultural and assembly facility, without obtaining permission from the competent authority, for the use as a Class 1 neighborhood living facility.

(2) On November 2015, the Defendant changed the use of the fourth and fifth floors to an office which is a residential business facility, without reporting to the competent authorities around November 2015.

B. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence of determination, it was proven that the Defendant used the first floor of the instant building to cultural and assembly facilities (e.g., exhibition rooms) and 45 floors to business facilities (offices) without obtaining permission from the competent authorities, without reasonable doubt.

It is difficult to see it.

Defendant’s assertion of mistake is with merit.

① The Defendant newly constructed the instant building (the second basement, the 11th floor above the ground) in Jung-gu Seoul, Seoul, and obtained approval for use on May 2015. At the time of approval for use, the use of the said building was as follows.

The residential facilities (stores) with the 129.46 square meters and the 152.9 square meters and the 148.77 square meters and the 2-type neighborhood living facilities with the 34th 142.08 square meters and 142.58 square meters and the 146th 135.53 square meters and the 152.53 square meters and the 2-type neighborhood living facilities (stores) with the 152.9 square meters and 88.22 square meters and 15.23 square meters and 141.63 square meters and 14.145.145 square meters and the 15.23 square meters of the 15.145 square meters and the 57th 157th 145.5 square meters of the 15.14